Opinion
March 18, 1993
Appeal from the County Court of Broome County (Smith, J.).
Defendant contends on this appeal that the sentence of 3 to 9 years' imprisonment that he received should be reduced because it is disproportionate to the sentence of 3 1/2 to 7 years' imprisonment imposed upon a codefendant and because it is harsh and excessive. The fact that defendant did not receive the same sentence as a codefendant does not require modification of his sentence (see, People v. Warden, 141 A.D.2d 913). Defendant was allowed to plead guilty to one count of the crime of criminal possession of a controlled substance in the fourth degree in satisfaction of a two-count indictment. In addition, defendant pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. Considering these facts, as well as defendant's prior record and the fact that the sentence was not the harshest possible, we find no reason to disturb the sentence imposed by County Court (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Weiss, P.J., Yesawich Jr., Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.