Opinion
July 8, 1999
Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered May 4, 1998, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.
Kathryn M. Barber, Albany, for appellant.
James E. Conboy, District Attorney (Pamela A. Sandy of counsel), Fonda, for respondent.
Before: CARDONA, P.J., MIKOLL, MERCURE, CARPINELLO and GRAFFEO, JJ.
MEMORANDUM AND ORDER
In satisfaction of a six-count indictment, defendant pleaded guilty to one count of sodomy in the first degree as a result of his molestation of a three-year-old child. Defendant was sentenced as a second felony offender to a definite term of 20 years in prison. Defendant now argues that this sentence was harsh and excessive because a more lenient sentence had been discussed in the context of an earlier plea of guilty to a superior court information which was subsequently withdrawn. We disagree. A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685, 685 N.Y.S.2d 485, 489, lv denied 93 N.Y.2d 872). Here, given defendant's prior criminal history and his admitted victimization of a helpless child for his own sexual gratification, we find no reason to disturb the sentence imposed in the interest of justice (see,id.).
ORDERED that the judgment is affirmed.