Opinion
June 11, 1998
Appeal from the County Court of Chemung County (Danaher, Jr. J.).
Defendant pleaded guilty to the crime of attempted criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3 1/2 to 7 years. Defendant appeals, contending that his prison sentence is excessive. We disagree. Defendant was permitted to plead to a lesser crime than that with which he was originally charged and he was sentenced in accordance with the plea agreement ( see, People v. Williams, 238 A.D.2d 633, lv denied 90 N.Y.2d 866). Furthermore, we find no extraordinary circumstances warranting a reduction of the sentence imposed. Accordingly, we conclude that the sentence should not be disturbed ( see, id.).
Mikoll, J. P., Mercure, White, Peters and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.