Opinion
Decided and Entered: June 8, 2000.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered November 5, 1997, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.
Eugene P. Devine, Public Defender (Jeanne M. Heran of counsel), Albany, for appellant.
Sol Greenberg, District Attorney (David M. Rossi of counsel), Albany, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of robbery in the first degree in satisfaction of a nine-count indictment and other pending charges. Pursuant to the negotiated plea agreement, defendant waived his right to appeal. County Court thereafter sentenced defendant to a prison term of 11 to 22 to years. Defendant now appeals, arguing that this sentence was harsh and excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances warranting a modification of the sentence imposed in the interest of justice (see, People v. Charles, 258 A.D.2d 740, lv denied 93 N.Y.2d 968).
ORDERED that the judgment is affirmed.