Opinion
May 10, 2001.
Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 23, 2000, convicting defendant upon his plea of guilty of the crime of rape in the third degree.
Kurt Mausert, Saratoga Springs, for appellant.
Robert M. Winn, District Attorney, Fort Edward, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of rape in the third degree and was sentenced to a prison term of 1 to 3 years. Notwithstanding the alleged mitigating circumstances advanced by defendant, we cannot conclude that the sentence imposed was harsh and excessive. County Court not only informed defendant of the sentence that it would impose upon a plea of guilty, but a review of the record establishes that the court considered all relevant factors and circumstances herein. We, accordingly, find no abuse of discretion nor extraordinary circumstances warranting a reduction of the sentence imposed (see, People v. Judware, 252 A.D.2d 663, lv denied 92 N.Y.2d 927;People v. Cruz, 246 A.D.2d 679; People v. Shute, 243 A.D.2d 794; People v. Fitzgerald, 239 A.D.2d 711; People v. Blair, 228 A.D.2d 720; see also, People v. Black, 270 A.D.2d 563).
ORDERED that the judgment is affirmed, and matter remitted to the County Court of Washington County for further proceedings pursuant to CPL 460.50 (5).