Opinion
December 24, 1997
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defendant pleaded guilty to the crime of attempted sexual abuse in the first degree in full satisfaction of a superior court information charging him with sexual abuse in the first degree. He was sentenced to a prison term of 1 1/3 to 4 years, a sentence which he now contends is harsh and excessive. In view of the heinous nature of the crime, i.e., defendant admitted that he had attempted to sexually abuse a five-year-old child who was in his care, and his criminal history which includes a conviction for endangering the welfare of a child, we find that the sentence was neither harsh nor excessive and decline to reduce it in the interest of justice ( see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Mikoll, J. P., Crew III, Peters, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.