Opinion
13952
Decided and Entered: July 10, 2003.
Appeal from a judgment of the County Court of Sullivan County (La Buda, J.), rendered March 27, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Judith E. Young, Bloomingburg, for appellant.
Stephen F. Lungen, District Attorney, Monticello, for respondent.
Before: Cardona, P.J., Spain, Carpinello, Mugglin and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Pursuant to a plea agreement, defendant pleaded guilty to the crime of robbery in the second degree, a class C felony (see Penal Law § 160.10), in satisfaction of a three-count felony indictment that arose out of the assault and robbery of a 50-year-old woman. Defendant was properly sentenced to a negotiated prison term of eight years to be followed by five years of postrelease supervision (see Penal Law § 70.02 [b]; § 70.45 [2]).
Notwithstanding defendant's general waiver of his right to appeal as part of the plea agreement and his failure to move to vacate the judgment of conviction or withdraw his plea (see People v. Knoblauch, 275 A.D.2d 477, lv denied 95 N.Y.2d 965), we nevertheless consider and reject his sole contention raised herein that the agreed-upon sentence was harsh or excessive. Given the nature of defendant's crime, his substantial prior criminal record, and the fact that the prison term imposed by County Court was the result of an advantageous plea agreement pursuant to which two felony counts were dismissed, we are unpersuaded that defendant's sentence should be disturbed (see People v. Brewer, 302 A.D.2d 795); nor are there extraordinary circumstances that would warrant a reduction of the sentence in the interest of justice (see People v. French, 302 A.D.2d 751).
Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.