PEOPLE v. SMITH

In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of attempted assault in the second degree. In accordance with the plea agreement, defendant was sentenced to a determinate sentence of 3 years' imprisonment under the mistaken belief that he was a second violent felony offender. Upon discovering the mistake, the sentence was vacated and defendant was resentenced as a second felony offender to a prison term of 2 to 4 years.

Notwithstanding the fact that defendant was initially sentenced to the minimum period of imprisonment as a second violent felony offender, we nevertheless reject defendant's contention that the 2 to 4-year prison term was harsh or excessive. Inasmuch as County Court considered appropriate factors in determining the sentence to be imposed, particularly noting defendant's 25-year criminal history of assaults and drug abuse, and such sentence is within permissible statutory ranges, we find no abuse of discretion or extraordinary circumstances warranting a modification thereof (see, People v. Archangel, 272 A.D.2d 686, 708 N.Y.S.2d 647;People v. Hathaway, 260 A.D.2d 717). We, accordingly, decline to disturb the sentence imposed.

ORDERED that the judgment is affirmed.