People v. Nixon

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered January 21, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. He was sentenced as a second felony offender to five years in prison, to be followed by three years of postrelease supervision, consistent with the terms of the plea agreement. He now appeals.

Defendant’s sole contention is that the sentence is…