Opinion
July 8, 1999
Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered January 15, 1998, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.
Marcel J. Lajoy, Schenectady, for appellant.
Kenneth R. Bruno, District Attorney (Bruce E. Knoll of counsel), Troy, for respondent.
Before: CARDONA, P.J., MIKOLL, MERCURE, SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of sodomy in the first degree as a result of his molestation of a six-year-old child. Pursuant to his plea agreement, defendant waived his right to appeal and was sentenced to a term of 3 1/2 to 7 years in prison. Defendant now argues that this sentence was harsh and excessive but does not contest its lawfulness. However, because 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. George, 261 A.D.2d 711 [May 13, 1999];People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to consider defendant's challenge to his agreed-upon sentence, we would find no abuse of discretion by the sentencing court and no evidence of extraordinary circumstances warranting a modification in the interest of justice given the nature of this crime against a young child (see, People v. Brown, 251 A.D.2d 694, lv denied 92 N.Y.2d 1029; People v. Motter, 235 A.D.2d 582, 589, lv denied 89 N.Y.2d 1038).
ORDERED that the judgment is affirmed.