Opinion
February 16, 2000
Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Possession Controlled Substance, 3rd Degree.
PRESENT: GREEN, A. P. J., WISNER, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court impermissibly penalized him for exercising his right to go to trial. "The imposition of a more severe sentence after trial than that offered to defendant pursuant to a plea offer that he rejected, without more, does not support the contention of defendant that he was penalized for exercising his right to go to trial" ( People v. Jones, 229 A.D.2d 980, lv denied 89 N.Y.2d 925).