People v. Boler

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered May 8, 1990, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Defendant’s only contention on appeal is that County Court’s sentence of imprisonment disregarded the recommendation in the presentence report of probation and it was, *739therefore, harsh and excessive. Initially, we note that a recommendation by a probation department with respect to sentencing is not binding on the court, especially where, as here, defendant was on probation…