People v. Lee

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered September 6, 2005, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.

Defendant was sentenced as a second felony offender to 2 to 4 years in prison upon his conviction of attempted burglary in the third degree. He appealed and this Court rejected an Anders brief, withheld decision and assigned new counsel (32 AD3d 1054 [2006]). We now address the only nonfrivolous issue raised on defendant’s behalf, which relates to the severity of the sentence.

Although the…