Opinion
13801.
Decided and Entered: December 18, 2003.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 17, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.
Norbert A. Higgins, Binghamton, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Michael A. Sharpe of counsel), for respondent.
Before: Mercure, J.P., Crew III, Peters, Mugglin and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with the plea agreement, to 1 to 3 years in prison. The plea was entered into in satisfaction of a superior court information charging him with criminal sale of a controlled substance in the third degree, a crime which he committed while awaiting sentencing on another charge, the facts of which are more fully set forth in People v. Douglas (AD2d [decided herewith] [appeal #13013]). Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. We disagree.
Defendant committed the crime in violation of the no-arrest condition of a prior plea bargain. Given these circumstances, as well as the fact that defendant agreed to the sentence challenged on this appeal as part of a plea bargain, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Samuel, 284 A.D.2d 654, 655; People v. Hicks, 265 A.D.2d 600, 601).
Crew III, Peters, Mugglin and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.