Opinion
July 9, 1998.
Appeal from the County Court of Franklin County (Main, Jr., J.).
We reject defendant's contention that County Court abused its discretion in imposing a prison term of 1 1/3 to 4 years, which was more harsh than that recommended by the People and the Probation Department. It is well settled that it is within a sentencing court's discretion to impose an appropriate sentence despite the terms of the plea bargain agreement or that it is not in accordance with the recommendation of the People and the probation officer ( see, People v. Shute, 243 A.D.2d 794; People v. Fitzgerald, 239 A.D.2d 711, 712). Given the nature of the crime and the fact that defendant was advised of the court's sentencing options, we find no basis to disturb the sentence imposed.
Cardona, P.J., Mikoll, Crew III, White and Peters, JJ., concur.
Ordered that the judgment is affirmed.