Opinion
September 10, 1998
Appeal from the County Court of Albany County (Rosen, J.).
Defendant pleaded guilty to burglary in the third degree in satisfaction of a superior court information and agreed to a sentence of five years' probation with the first six months to be served in jail. Defendant now contends that the sentence was harsh and excessive and should be reduced in the interest of justice. Inasmuch as defendant does not dispute that he knowingly and voluntarily waived his right to appeal as a condition of the plea agreement, his challenge to the severity of his sentence is not preserved for our review ( see, People v. Hidalgo, 91 N.Y.2d 733) In any event, were we to consider the argument, we would find it to be without merit. Defendant received the sentence that he bargained for and has failed to point to any extraordinary circumstances warranting our intervention ( see, People v. Leibach, 249 A.D.2d 636).
Mikoll, J.P., Peters, Spain, Carpinello and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.