Opinion
Decided: October 14, 1999
Appeal from a judgment of the County Court of Albany County (Breslin, J.).
Defendant pleaded guilty to the crime of robbery in the second degree and was sentenced as a second felony offender to a determinate prison term of eight years. Defendant appeals, contending that the sentence imposed was harsh and excessive. Having knowingly, voluntarily and intelligently waived his right to appeal as part of the negotiated plea agreement, defendant's challenge to the severity of his sentence is unpreserved for appellate review (see, People v. Moneyhan, 248 A.D.2d 756, lv denied 91 N.Y.2d 1010). Nevertheless, were we to reach this issue, we would find that the agreed-upon sentence was neither harsh nor excessive and that there are no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see, People v. Charles, 258 A.D.2d 740, 685 N.Y.S.2d 853, lv denied 93 N.Y.2d 968).
Cardona, P.J., Mercure, Crew III, Carpinello and Graffeo, JJ., concur.
ORDERED that the judgment is affirmed.