Opinion
November 7, 1988
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the sentence is affirmed.
At the time the defendant's guilty plea was entered, the court, while agreeing to consider a term of incarceration of 1 to 3 years, agreed to impose a sentence not to exceed 2 to 6 years. The defendant clearly understood that a sentence of 2 to 6 years was a distinct possibility. Under the circumstances, he has no basis to now complain that his sentence was excessive (People v Kazepis, 101 A.D.2d 816). We find that the sentence imposed did not reflect a failure to observe the principles of sentencing, was not an abuse of discretion, and was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mollen, P.J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.