Opinion
December 10, 1998
Appeal from the County Court of Broome County (Smith, J.).
Defendant pleaded guilty to the crime of burglary in the first degree and, pursuant to an agreement, was sentenced as a second felony offender to a determinate term of 10 years in prison ( see, Penal Law § 70.06 [a]). On this appeal, defendant argues that this sentence was harsh and excessive. We disagree. We find no reason to disturb the negotiated sentence given the nature of defendant's conduct, his extensive criminal history and the fact that the sentence imposed is less than the harshest sentence he could have received ( see, People v. Appollonia, 247 A.D.2d 770, lv denied 92 N.Y.2d 847).
CARDONA, P. J., MIKOLL, MERCURE, CREW III and YESAWICH JR., JJ., concur.
Ordered that the judgment is affirmed.