Opinion
November 15, 1990
Appeal from the County Court of Broome County (Monserrate, J.).
Claiming that society's interest in retribution would be better served, defendant now seeks a reduction in his 4-to-8-year prison sentence to a term of 3 to 6 years. Given defendant's criminal record, which includes the fact that he was on probation when he committed this crime, we find that County Court did not abuse its discretion in imposing sentence (see, People v. Simoens, 159 A.D.2d 818, 820, lv. denied 76 N.Y.2d 743). In addition, the sentence was within the statutory guidelines and one to which defendant agreed; as such, it should not be reduced (see, People v. Neira, 130 A.D.2d 518, lv. denied 70 N.Y.2d 715).
Judgment affirmed. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.