Opinion
February 11, 1999
Appeal from the County Court of St. Lawrence County (Nicandri, J.).
Pursuant to a plea bargain agreement, defendant pleaded guilty to two counts of the crime of sexual abuse in the first degree in full satisfaction of a 22-count indictment. In exchange, defendant was sentenced as a second felony offender to consecutive prison terms of 1 to 3 years and 11 1/3 to 4 years. Defendant contends on this appeal that the judgment of conviction must be reversed because his guilty plea was neither knowing nor voluntary. Defendant's claim is, however, belied by the record which shows that prior to accepting defendant's plea, County Court engaged in an extended colloquy with defendant, eliciting statements that he understood the terms of the plea agreement and that he had discussed the ramifications thereof with defense counsel, who was present at the time ( see, People v. Hicks, 201 A.D.2d 831, lv denied 83 N.Y.2d 911; People v. Kulzer, 199 A.D.2d 783, 784).
We further reject defendant's contention that his consecutive prison sentences were harsh and excessive. In view of defendant's lengthy criminal history, the heinous nature of the crime involving sexual misconduct over a period of five years with an underaged victim, and the fact that the sentence was the agreed-upon result of a negotiated plea agreement pursuant to which 20 other criminal charges against defendant were dropped, we conclude that the sentence imposed by County Court was neither harsh nor excessive ( see, People v. Appolonia, 247 A.D.2d 770, lv denied 92 N.Y.2d 847; People v. Rousseau, 245 A.D.2d 915). We, accordingly, decline to disturb it.
Mikoll, J. P., Crew III, Yesawich Jr. and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.