Opinion
December 24, 1997
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defendant pleaded guilty to the crime of assault in the second degree as the result of an incident in the Village of Malone, Franklin County, in which defendant stabbed the victim with a knife, causing a four-inch laceration to the victim's abdomen. He was sentenced as a second felony offender to a prison term of 3 1/2 to 7 years. Defendant's contention that the sentence is harsh and excessive is without merit given his extensive criminal history, his commission of the instant crime while on parole and the fact that he was sentenced in accordance with the plea agreement and the relevant statutory parameters (see, e.g., People v. Beha, 241 A.D.2d 572; People v. Cook, 237 A.D.2d 747, lv denied 90 N.Y.2d 856). Moreover, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see, CPL 470.15 [b]; People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Cardona, P.J., Mikoll, Crew III, Peters and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.