People v. Martinez

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 6, 1991, convicting defendant upon his plea of guilty of the crime of attempted criminal possession 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 1% to 3Vz years was harsh and excessive. As a second felony offender, a prison term was mandatory and the most lenient sentence which could have been imposed was lYz to 3 years (Penal Law § 70.06 [3] [e]; [4] [b]). At the time he entered his plea, it was…