People v. Riley

298 A.D.2d 716, 748 N.Y.S.2d 536

Opinion

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.

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 IV2 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 AD2d 860; People v Mejia, 191 AD2d 844, lv denied 81 NY2d 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.