Opinion
March 11, 1993
Appeal from the County Court of Broome County (Smith, J.).
Defendant contends on this appeal that the sentence of 10 to 20 years' imprisonment he received on his conviction of the crime of rape in the first degree was harsh and excessive. Defendant was allowed to plead guilty to one count of rape in the first degree in satisfaction of a two-count indictment. In addition, as a part of the plea agreement two charges pending against defendant in Broome and Genesee Counties were dismissed. Further, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, as well as defendant's criminal record, 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; People v. Du Bray, 76 A.D.2d 976).
Weiss, P.J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.