Opinion
October 21, 1999
Appeal from a judgment of the County Court of Greene County (Lalor, J.).
Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the third degree and, pursuant to a negotiated plea agreement, waived his right to appeal and was sentenced as a second felony offender to an indeterminate sentence of 7 to 14 years in prison. Defendant now argues that this sentence was harsh and excessive. However, because defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see, People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to reach this issue, we would find that defendant has presented insufficient evidence of extraordinary circumstances so as to warrant a modification of his sentence in the interest of justice (see, People v. Brown, 251 A.D.2d 694, lv denied 92 N.Y.2d 1029; People v. Motter, 235 A.D.2d 582, 589,lv denied 89 N.Y.2d 1038).
MIKOLL, J.P., MERCURE, CREW III, CARPINELLO and MUGGLIN, JJ., concur.
ORDERED that the judgment is affirmed.