Opinion
December 24, 1997
Appeal from the County Court of Rensselaer County (McGrath, J.).
Pursuant to a plea bargain agreement, defendant pleaded guilty to one count of the crime of assault in the first degree, waiving his right to appeal. Defendant has nonetheless appealed contending that his sentence of 4 to 12 years' imprisonment was harsh and excessive. Defendant failed to preserve this issue for our review (see, People v. Wilson, 209 A.D.2d 792, lv denied 84 N.Y.2d 1040) and it is, in any event, without merit. The sentence was both within the statutory limits and the agreed-upon result of a plea bargain pursuant to which three other counts, including a charge of attempted murder in the second degree, were dropped. The record discloses that defendant has a lengthy history of criminal conduct, including previous assaults upon the same woman who is the mother of his two children. These factors, together with the heinous nature of the current offense (defendant brutally beat the victim, fracturing her skull, facial bones and wrist), prevent us from characterizing the sentence imposed by County Court as harsh and excessive (see, People v. Warren, 216 A.D.2d 607, 608, lv denied 86 N.Y.2d 875).
Cardona, P.J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.