Opinion
14679.
Decided and Entered: June 3, 2004.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 6, 2003, convicting defendant upon his plea of guilty of the crime of gang assault in the first degree.
Marshall Nadan, Kingston, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Geoffrey B. Rossi of counsel), for respondent.
Before: Cardona, P.J., Spain, Carpinello, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
In satisfaction of a six-count indictment, defendant pleaded guilty to the crime of gang assault in the first degree and was sentenced, in accordance with the plea agreement, to a prison term of 10 years, followed by five years of postrelease supervision. We are unpersuaded by defendant's sole contention on appeal that the sentence imposed was harsh and excessive. Given the nature of defendant's crime, which left the victim disabled as a result of the brutal beating inflicted by defendant and others, and the fact that the sentence, which was not the harshest possible, was part of a negotiated plea agreement, we find no extraordinary circumstances warranting a reduction of the sentence imposed (see People v. Gregory, 290 A.D.2d 810, 811, lv denied 98 N.Y.2d 675; People v. La France, 193 A.D.2d 1002, lv denied 82 N.Y.2d 756).
Cardona, P.J., Spain, Carpinello, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed.