Opinion
October 29, 1998
Appeal from the County Court of Albany County (Breslin, J.).
Defendant was sentenced as a second felony offender to a determinate prison term of 20 years after pleading guilty to the crime of attempted murder in the second degree. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, his challenge to the harshness of the sentence imposed is unpreserved for our review ( see, People v. Hays, 241 A.D.2d 627, lv denied 90 N.Y.2d 1011). Were we to consider defendant's assertion, we would find that the agreed-upon sentence was neither harsh nor excessive and would find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice.
Cardona, P. J., Mercure, Crew III, Carpinello and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.