Opinion
October 10, 1991
Appeal from the Supreme Court, Broome County (Monserrate, J.).
The only contention raised by defendant on this appeal is that his sentence was harsh and excessive. However, the prison sentence he received as a second felony offender of 4 1/2 to 9 years was the most lenient sentence authorized (see, Penal Law § 70.06 [b]; [4] [b]) and was in accordance with the plea-bargain agreement. Furthermore, another felony count was dropped as a result of the plea agreement. Under these circumstances, we find no abuse of discretion by Supreme Court in imposing sentence (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v. Gray, 131 A.D.2d 590).
Mahoney, P.J., Weiss, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.