People v. Castro

— Appeal from a judgment of the Supreme Court (Harris, J.), rendered May 5, 1989 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

We reject defendant’s contention that the prison sentence he received as a second felony offender of 2 to 4 years was harsh and excessive. The crime he pleaded guilty to was a class D felony while the crime he was originally indicted for was a class B felony. Furthermore, the sentence was the most lenient sentence defendant could have received (see, Penal Law § 70.06 [3] [d];…