Opinion
June 18, 1998
Appeal from the County Court of Broome County (Smith, J.).
Defendant pleaded guilty to the crime of robbery in the second degree stemming from an incident wherein he stole money from a cab driver and displayed what appeared to be a gun. Defendant was sentenced as a second felony offender to a determinate prison term of six years. Defendant's contention that the sentence imposed was harsh and excessive is without merit inasmuch as defendant was permitted to plead guilty to a lesser crime than that charged in the indictment (robbery in the first degree) and was sentenced in accordance with the plea agreement ( see, People v. Trumbach, 246 A.D.2d 912; People v. Gray, 190 A.D.2d 918, lv denied 81 N.Y.2d 1073). Moreover, notwithstanding defendant's assertion to the contrary, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see, People v. Lamica, 245 A.D.2d 897, lv denied 91 N.Y.2d 942).
Mikoll, J. P., Mercure, White, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.