178 A.D.2d 682 | N.Y. App. Div. | 1991
— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered May 21, 1990, convicting defendant upon his 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 abused its discretion in sentencing him to a term of imprisonment of 1 to 3 years because the court totally ignored the presentence report recommendation of probation. First, the recommendation in a presentence report is not binding on the
Mahoney, P. J., Casey, Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed and matter remitted to the County Court of Ulster County for further proceedings pursuant to CPL 460.50 (5).