Opinion
January 28, 1999.
Appeal from the County Court of Chemung County (Castellino, J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 to 9 years. We are unpersuaded by defendant's contention that the sentence was harsh and excessive and should be reduced in the interest of justice. Given defendant's extensive criminal history and the fact that the sentence imposed was less than that recommended by the People, we find no extraordinary circumstances warranting a reduction in defendant's sentence ( see, People v. Devivo, 219 A.D.2d 741, lv denied 87 N.Y.2d 972; People v. Carver, 210 A.D.2d 710, lv denied 85 N.Y.2d 860).
Cardona, P. J., Mikoll, Yesawich Jr., Peters and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.