Opinion
March 1, 2001.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered October 26, 1999, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Stephen D. Balmer, Middle Grove, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Cardona, P.J., Peters, Spain, Carpinello and Lahtinen, JJ.
MEMORANDUM AND ORDER
Pursuant to a negotiated plea agreement, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of two indictments and was sentenced as a second felony offender to an indeterminate term of 5 to 10 years in prison. Defendant appeals contending that the sentence imposed was harsh and excessive.
We affirm. A sentence within the permissible statutory range will not be disturbed unless extraordinary circumstances exist warranting a modification in the interest of justice (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872). Given defendant's criminal record, we find no reason to disturb the sentence (see, People v. Biggs, 268 A.D.2d 800).
ORDERED that the judgment is affirmed.