People v. Jones

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered September 4, 1992, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant’s sole contention on this appeal is that the sentence is harsh and excessive. The indictment charged defen*649dant with two counts of second degree burglary arising out of the same criminal transaction. In the first count, he threatened the use of a baseball bat and, in the second count, he was charged with causing physical injury to another person by choking, both acts having…