Opinion
13845
Decided and Entered: December 5, 2002.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered February 8, 2002, convicting defendant upon his plea of guilty of two counts of the crime of burglary in the third degree.
Bonnie Burgio, Watertown, for appellant.
John R. Trice, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Before: CREW III, J.P., CARPINELLO, MUGGLIN, LAHTINEN and, KANE, JJ.
MEMORANDUM AND ORDER
In satisfaction of a seven-count indictment, defendant pleaded guilty to two counts of burglary in the third degree and was sentenced as a second felony offender to concurrent prison terms of 3 to 6 years. Defendant contends on appeal that the sentence imposed was harsh and excessive, especially given his alcohol addiction. In light of defendant's criminal history, his status of being on parole at the time of the current offense and given that the sentence was in accordance with the negotiated plea agreement, we find no reason to disturb the sentence imposed (see People v. Kelly, 279 A.D.2d 891, lv denied 96 N.Y.2d 802;People v. Addison, 252 A.D.2d 597).
CREW III, J.P., CARPINELLO, MUGGLIN, LAHTINEN and KANE, JJ., concur.
ORDERED that the judgment is affirmed.