Opinion
No. 15356.
December 14, 2006.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 24, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.
David S. Berger, Binghamton, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Before: Cardona, P.J., Peters, Spain, Mugglin and Kane, JJ.
In satisfaction of a five-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the second degree and was sentenced in accordance with the plea agreement to a prison term of three years to life. We affirm his conviction. Defendant's ineffective assistance of counsel argument is unsupported by the record ( see People v Obert, 1 AD3d 631, 632). As County Court imposed the minimum sentence permitted at the time, such sentence cannot be considered harsh and excessive.
Ordered that the judgment is affirmed