Opinion
April 9, 1992
Appeal from the County Court of Broome County (Mathews, J.).
On this appeal, defendant's only contention is that the requirement that he serve a five-year term of probation should be eliminated in the interest of justice. This probationary term, however, coupled with a sentence of six months in jail, was part of a negotiated plea agreement. Furthermore, the presentence report, which included a victim impact statement, recommended incarceration because defendant was viewed as a poor candidate for probation. Under these circumstances, we cannot say that a reduction in defendant's sentence is warranted (see, People v Dews, 169 A.D.2d 886, lv denied 77 N.Y.2d 905; People v Richards, 158 A.D.2d 627, lv denied 76 N.Y.2d 741).
Weiss, P.J., Mikoll, Levine, Crew III and Mahoney, JJ., concur. Ordered that the judgment is affirmed.