Opinion
April 30, 1998
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 1 1/2 to 4 1/2 years. Defendant appeals, contending that because this is her first felony conviction, the sentence is harsh and excessive. We disagree. While the sentence imposed by County Court was slightly more severe than the statutory minimum sentence of 1 to 3 years ( see, Penal Law § 70.00 [b]; [3] [b]), it was less than the negotiated maximum of 2 to 6 years. This, together with the lack of any evidence of extraordinary circumstances meriting a reduction, lead us to conclude that the sentence imposed by County Court should not be disturbed ( see, People v. Hayes, 236 A.D.2d 738, lv. denied 89 N.Y.2d 1094; People v. Sullivan, 223 A.D.2d 893).
Mikoll, J.P., Crew III, White, Peters and Spain, JJ., concur.
Ordered that the judgment is affirmed.