Opinion
Decided January 29, 1998
Appeal from the County Court of Essex County (Berry, J.).
Defendant, charged in an 18-count indictment with, inter alia, varying degrees of sexual abuse and sodomy — and in full satisfaction thereof — pleaded guilty to a single count of attempted sodomy in the first degree as a lesser included offense of the first count of the indictment (charging him with sodomy in the first degree). He was sentenced to a prison term of 4 to 12 years in accordance with County Court's promise to impose a sentence less than the statutory maximum.
Having pleaded guilty to a lesser included offense, defendant waived any challenge to the legal sufficiency of the Grand Jury evidence underlying the indictment (see, People v. Pelchat, 62 N.Y.2d 97, 108; People v. Torres, 238 A.D.2d 827, 828, lv denied 90 N.Y.2d 865). Similarly waived is defendant's challenge to the specificity of the factual allegations in the indictment (see, People v. Quattlebaum, 229 A.D.2d 729, lv denied 90 N.Y.2d 896; People v. Duboy, 150 A.D.2d 882, 884, lv denied 74 N.Y.2d 846).
Given the persistent nature of defendant's actions and the extremely advantageous plea bargain — he faced potential sentences totaling 17 2/3 to 53 years — we reject defendant's contention that the sentence imposed was harsh and excessive (see, People v. Martin, 215 A.D.2d 942, 942-943). Furthermore, notwithstanding defendant's alleged limited education, we find the over-all circumstances are not sufficiently extraordinary as to warrant a reduction in the sentence imposed ( see, People v. Washington, 209 A.D.2d 817, 819-820, lv denied 85 N.Y.2d 944).
Mercure, J.P., Peters, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.