People v Solano
2008 NY Slip Op 02184 [49 AD3d 671]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Rafael A. Solano, Appellant.

[*1] Del Atwell, East Hampton, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Heather A. Ryan of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered June 9, 2005, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentence imposed, a determinate term of imprisonment of eight years, was within the range authorized by the applicable statute (see Penal Law § 70.71 [3] [b] [ii]), and therefore was not illegal.

The defendant's remaining contentions are without merit. Fisher, J.P., Miller, McCarthy and Chambers, JJ., concur.