Opinion
13991
Decided and Entered: February 27, 2003.
Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered April 23, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.
Mark Sherman, Woodbourne, for appellant.
Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.
Before: Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ.
MEMORANDUM AND ORDER
In satisfaction of a superior court information and multiple pending charges, defendant pleaded guilty to the crime of criminal possession of a weapon in the third degree and was sentenced as a second felony offender in accordance with the plea agreement to a prison term of 3 to 6 years. Defendant appeals, contending that the sentence imposed was harsh or excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see People v. Hidalgo, 91 N.Y.2d 733;People v. Varno, 297 A.D.2d 873, lv denied 99 N.Y.2d 565 [Dec. 5, 2002]). Nevertheless, were we to reach this issue, we would find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence imposed in the interest of justice (see People v. Henry, 222 A.D.2d 932, lv denied 88 N.Y.2d 848).
Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ., concur.
ORDERED that the judgment is affirmed.