Opinion
February 25, 1999
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defendant, a prison inmate, pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree in satisfaction of a two-count indictment in connection with his facilitation of a drug transaction between his girlfriend and an undercover officer. Defendant was sentenced as a second felony offender to 3 1/2 to 7 years in prison, to run consecutive with the sentence he was currently serving. Defendant contends on appeal that the sentence is harsh and excessive, particularly in light of, inter alia, the disparity between his sentence and that of his codefendant. We disagree. The fact that defendant's sentence was greater than that of his codefendant does not require that the sentence be modified, especially where, as here, the codefendant was adjudicated a youthful offender and apparently had no criminal record ( see, People v. Bell, 249 A.D.2d 777, 780, lv denied 92 N.Y.2d 922; People v. Durrence, 244 A.D.2d 728, lv denied 91 N.Y.2d 925). Given defendant's extensive criminal history, his status as a prison inmate and the favorable plea agreement, we find no extraordinary circumstances warranting the reduction of the sentence imposed ( see, People v. Durrence, supra).
Mercure, J. P., Crew III, Spain, Carpinello and Graffeo, JJ., concur.
Ordered that the judgment is affirmed.