People v. Cummings

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 23, 1989, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

We find no merit to defendant’s contention that his sentence is harsh and excessive and should be reduced in the interest of justice. First, upon pleading guilty to assault in the second degree, defendant was informed that he could receive a prison sentence with a maximum term of seven years (see, Penal Law § 70.00 [2] [d]; § 70.02 [b]). Instead he received a prison term of 3 to 6 years. In…