Opinion
November 7, 1991
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant's contention that his sentence was harsh and excessive is without merit. He was permitted to plead guilty to one count of forgery in the second degree in full satisfaction of a six-count indictment. Upon this plea, he could have been sentenced to a prison term of 2 1/3 to 7 years (see, Penal Law § 70.00 [b]; [3] [b]). Instead, he was sentenced only to probation and 120 days in the County Jail (see, Penal Law § 70.00). Under these circumstances, and given defendant's prior criminal history, we find no abuse of discretion by County Court in imposing sentence (see, People v. Gholston, 137 A.D.2d 765, lv denied 71 N.Y.2d 896; People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Mahoney, P.J., Weiss, Yesawich Jr., Levine and Harvey, JJ., concur. Ordered that the judgment is affirmed.