Opinion
November 5, 1992
Appeal from the County Court of Schenectady County (Harrigan, J.).
Defendant contends on this appeal that his sentence of 8 1/3 years to life imprisonment is harsh and excessive. Defendant pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. While the sentence was the harshest statutorily allowed for the crime to which defendant pleaded guilty, defendant was permitted to plead guilty to the reduced charge of criminal possession of a controlled substance in the second degree in full satisfaction of a two-count indictment. In light of these circumstances, 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). We also find no basis for reversal in the People's withdrawal of an initial plea bargain which was more lenient (see, People v Johnson, 181 A.D.2d 832, lv denied 80 N.Y.2d 833; Matter of Gold v Booth, 79 A.D.2d 691, lv denied 52 N.Y.2d 706, cert denied sub nom. Sapio v Gold, 454 U.S. 840).
Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.