Opinion
13370
Decided and Entered: July 10, 2003.
Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered September 21, 2000, convicting defendant upon his plea of guilty of the crime of attempted burglary in the first degree.
Sandra M. Colatosti, Albany, for appellant.
Paul A. Clyne, District Attorney, Albany (William J. Conboy III of counsel), for respondent.
Before: Cardona, P.J., Spain, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
In satisfaction of an eight-count indictment, defendant pleaded guilty to the reduced charge of attempted burglary in the first degree and was sentenced to a determinate prison term of five years and 2½ years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh or excessive given his lack of criminal history, educational and employment history, family support and remorse for his conduct. Inasmuch as defendant's general waiver of his right to appeal included the challenge to the severity of his sentence, this issue is not subject to our review (see People v. Hidalgo, 91 N.Y.2d 733, 737). In any event, were we to consider it, we would find that County Court considered all relevant factors in imposing the sentence and there are no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Dolphy, 257 A.D.2d 681,lv denied 93 N.Y.2d 872).
Cardona, P.J., Spain, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the judgment is affirmed.