Opinion
February 28, 1991
Appeal from the County Court of Otsego County (Mogavero, Jr., J.).
Upon pleading guilty to attempted sodomy in the first degree, defendant was sentenced to a term of imprisonment of 2 to 6 years. Claiming that any jail time is harsh and excessive, defendant requests this court to modify his sentence to probation including ongoing and continuous psychological therapy. However, the sentence imposed is not only authorized by law, but within the range that County Court promised at the time defendant entered his guilty plea (see, People v Spratt, 135 A.D.2d 983, lv denied 71 N.Y.2d 903). Moreover, in view of the nature of the offense and the age of the victim, it cannot be said that County Court abused its discretion in imposing sentence (see, People v Doze, 151 A.D.2d 997, 998, lv denied 74 N.Y.2d 808).
Judgment affirmed. Mikoll, J.P., Yesawich, Jr., Levine, Mercure and Crew III, JJ., concur.