Opinion
September 14, 2000.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 20, 1999, convicting defendant upon her plea of guilty of the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree.
Theresa M. Suozzi, Albany, for appellant.
Sol Greenberg, District Attorney (Kimberly A. Mariani of counsel), Albany, for respondent.
Before: Cardona, P.J., Crew III, Peters, Mugglin and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree in satisfaction of a four-count indictment and a two-count superior court information. These charges stem from defendant's participation in a long-standing scheme to swindle large amounts of money from a vulnerable senior citizen. Pursuant to the negotiated plea agreement, defendant waived her right to appeal. County Court thereafter sentenced defendant to an aggregate prison term of 6 2/3 to 20 years, which consisted of consecutive terms of 2 1/3 to 7 years for the forgery and criminal possession of a forged instrument counts and a prison term of 2 to 6 years for the grand larceny count. Defendant now appeals, arguing that this sentence was harsh and excessive.
Inasmuch as defendant waived her right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances warranting a modification of the sentence imposed in the interest of justice (see,People v. Charles, 258 A.D.2d 740, lv denied 93 N.Y.2d 968).
ORDERED that the judgment is affirmed.