Opinion
October 1, 1992
Appeal from the County Court of Tioga County (Siedlecki, J.).
Defendant contends that his sentence of 3 to 9 years' imprisonment was harsh and excessive. We disagree. Defendant was permitted to plead guilty to the reduced charge of attempted criminal possession of a controlled substance in the third degree in full satisfaction of a two-count indictment. The sentence defendant received was well within the statutory guidelines and was in accordance with the plea bargain. Given these circumstances, as well as defendant's past criminal history and the fact that the sentence was not the harshest possible, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Spratt, 135 A.D.2d 983, lv denied 71 N.Y.2d 903; People v McManus, 124 A.D.2d 305).
Yesawich Jr., J.P., Levine, Crew III, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.