Opinion
13257
September 19, 2002.
Appeal from a judgment of the County Court of Sullivan County (La Buda, J.), rendered October 28, 1999, convicting defendant upon his plea of guilty of the crimes of rape in the first degree and burglary in the first degree.
Sandra M. Colatosti, Albany, for appellant.
Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
Defendant entered a plea agreement pursuant to which he pleaded guilty to the crimes of rape in the first degree and burglary in the first degree in full satisfaction of a nine-count indictment, waiving his right to appeal. County Court imposed the agreed-upon determinate prison term of 15 years on each of the charges, to be served concurrently.
Defendant appeals, contending that the sentence imposed by County Court is harsh and excessive. This issue, however, has not been preserved for our review as defendant knowingly and voluntarily waived his right to appeal when he entered his guilty plea (see People v. Langton, 263 A.D.2d 548, lv denied 94 N.Y.2d 825; People v. Leibach, 249 A.D.2d 636,lv denied 92 N.Y.2d 880). If we were to consider this contention, however, we would find it to be without merit. The sentence was the result of a favorable plea agreement pursuant to which seven additional counts of the indictment were dropped (see People v. Russell, 249 A.D.2d 628; People v. Nichols, 245 A.D.2d 889, lv denied 91 N.Y.2d 1011). This fact, together with the repugnant nature of defendant's criminal acts (he broke into the victim's apartment at night, slashed her hands with a box cutter, and raped her in front of her two children) and the lack of extraordinary circumstances warranting our intervention in the interest of justice, dictate that the sentence imposed by County Court should not be disturbed (see People v. Appollonia, 247 A.D.2d 770, 771, lv denied 92 N.Y.2d 847).
Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the judgment is affirmed.