Opinion
June 11, 1992
Appeal from the County Court of Franklin County (Main, Jr., J.).
We reject defendant's contention that the prison sentence he received as a second felony offender of 1 3/4 to 3 1/2 years was harsh and excessive. As a second felony offender, a prison term was mandatory and the most lenient sentence which could have been imposed was 1 1/2 to 3 years (Penal Law § 70.06 [e]; [4] [b]). At the time he entered his plea, it was specifically stated that no agreement on sentencing had been made and County Court informed defendant that he could receive a prison term of 2 to 4 years. Under these circumstances, coupled with the fact that the plea was to a reduced charge, we find no abuse of discretion by County Court in imposing sentence (see, People v. Dean, 155 A.D.2d 774, lv denied 75 N.Y.2d 812; People v. Henao, 149 A.D.2d 531).
Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.