Opinion
September 23, 1993
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant's only contentions on this appeal are that the sentence of 2 to 6 years' imprisonment imposed upon his conviction of criminal possession of a controlled substance in the third degree is harsh and excessive and that County Court abused its discretion in denying his request to waive the mandatory surcharge. Defendant was allowed to plead guilty to the instant offense in satisfaction of a two-count indictment and pleaded guilty knowing that he would receive the sentence imposed, which was less than the harshest possible. Given these facts, as well as defendant's criminal record, we find no basis to disturb the sentence imposed by County Court (see, People v Revels, 191 A.D.2d 905; People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899). We also find no abuse of discretion in County Court's denial of a waiver of the surcharge (see, People v Fulton, 138 A.D.2d 514, lv denied 71 N.Y.2d 1027; People v Taylor, 112 A.D.2d 597).
Weiss, P.J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is affirmed.