Opinion
May 20, 1993
Appeal from the County Court of Broome County (Smith, J.).
Defendant's only contention upon this appeal is that the sentence of 3 1/3 to 10 years' imprisonment that he received upon his guilty plea was harsh and excessive. Defendant was allowed to plead guilty to one count of the crime of burglary in the second degree in satisfaction of a two-count indictment and did so knowing that he would receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Du Bray, 76 A.D.2d 976).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.