Opinion
13005
Decided and Entered: October 24, 2002.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered April 2, 2001, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Paul R. Corradini, Public Defender, Elmira (Nancy M. Eraca-Cornish of counsel), for appellant.
John R. Trice, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Before: Cardona, P.J., Crew III, Carpinello, Mugglin and, Rose, JJ.
MEMORANDUM AND ORDER
Defendant was found with a sharpened plexiglass shank in his shoe while confined at a state correctional facility and was charged with promoting prison contraband in the first degree. He subsequently pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1½ to 3 years to run consecutive with his existing prison sentence. We reject defendant's contention that the sentence imposed was harsh and excessive. Defendant was allowed to plead to a reduced charge of attempted promoting prison contraband, was sentenced in accordance with the plea agreement and received the most lenient sentence permitted by statute (see People v. Reyes, 240 A.D.2d 860; People v. Mejia, 191 A.D.2d 844, lv denied 81 N.Y.2d 1017). We, accordingly, find no reason to disturb the sentence imposed.
Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed.