People v. Smith

Appeal from a judgment of the County Court of Broome County (Daley, J.), rendered September 4, 2007, convicting defendant upon his plea of guilty of two counts of the crime of possessing a sexual performance by a child.

In satisfaction of a 13-count indictment, defendant pleaded guilty to two counts of possessing a sexual performance by a child. He was sentenced in accordance with the plea agreement to two consecutive prison terms of 1 to 3 years. Of the various arguments he raises on appeal, only his challenge to the legality of the sentence has merit.

“It is well settled that sentences are…