Opinion
November 7, 1991
Appeal from the Supreme Court, Broome County (Monserrate, J.).
Upon pleading guilty to attempted rape in the first degree, defendant was sentenced as a second felony offender to 7 1/2 to 15 years' imprisonment. Defendant's only contention on appeal is that, due to his intoxicated state at the time of the crime, the sentence should be reduced in the interest of justice. Initially, we note that defendant's alcohol problem does not present the type of extraordinary circumstance warranting a reduction in his sentence (see, People v. Honsinger, 162 A.D.2d 877, 878, lv denied 76 N.Y.2d 894; People v. Mackey, 136 A.D.2d 780, 781, lv denied 71 N.Y.2d 899). In addition, the crime to which he pleaded guilty was a serious one which had a serious impact on the victim (see, People v. Sinclair, 150 A.D.2d 950, 952). Furthermore, three charges were dropped as a result of defendant's plea and he pleaded guilty knowing that he would receive the sentence ultimately imposed. Under these circumstances and given defendant's criminal history, we find no abuse of discretion warranting a change in the sentence imposed (see, People v Dean, 155 A.D.2d 774, 775, lv denied 75 N.Y.2d 812; People v Gholston, 137 A.D.2d 765, lv denied 71 N.Y.2d 896; People v Gray, 131 A.D.2d 590).
Weiss, J.P., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.