Opinion
December 16, 1993
Appeal from the County Court of Schenectady County (Harrigan, J.).
We reject defendant's contention that his negotiated sentence of 1 1/2 to 4 1/2 years' imprisonment for sexually abusing a child is unduly excessive. Defendant was not given the harshest allowable sentence for his crime and the fact that he may have tested positive for the HIV virus is not a sufficient reason, standing alone, for us to disturb his sentence.
Mikoll, J.P., Yesawich Jr., Crew III, White and Mahoney, JJ., concur. Ordered that the judgment is affirmed.