Opinion
February 5, 1998
Appeal from the County Court of Montgomery County (Sise, J.).
Pursuant to a plea bargain agreement, defendant pleaded guilty to possession of a controlled substance in the fifth degree, waiving his right to appeal. Defendant has nonetheless appealed, contending that his sentence of 1 1/2 to 4 1/2 years' imprisonment was harsh and excessive. Defendant has, however, failed to preserve this issue for our review (see, People v. Wilson, 209 A.D.2d 792, lv denied 84 N.Y.2d 1040) and it is, in any event, without merit. The sentence was the agreed-upon result of a plea bargain pursuant to which two considerably more serious drug-related charges against defendant were dropped. The sentence imposed by County Court cannot be characterized as an abuse of discretion nor are there any extraordinary circumstances present; therefore, we decline to disturb it (see, People v. Coss, 217 A.D.2d 720, lv denied 86 N.Y.2d 872; People v. Fuller, 185 A.D.2d 446, lv denied 80 N.Y.2d 974).
Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.