Opinion
March 18, 1993
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant's only argument on this appeal is that the sentence of 3 to 9 years' imprisonment that he received upon his plea of guilty was harsh and excessive. Defendant was allowed to plead guilty to one count of sodomy in the first degree in satisfaction of a four-count indictment. In addition, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed which, while the harshest allowed by the terms of the plea bargain, was much less than the harshest possible sentence allowed by law. Given these circumstances, we find no basis to disturb the sentence imposed by County Court (see, People v Gonzalez, 178 A.D.2d 850, lv denied 79 N.Y.2d 948; People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Weiss, P.J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.