Opinion
13995
Decided and Entered: October 23, 2003.
Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered April 29, 2002, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
Norbert A. Higgins, Binghamton, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Before: Cardona, P.J., Mercure, Crew III, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted criminal possession of a controlled substance in the third degree in full satisfaction of a three-count indictment. Subsequently, he was sentenced as a second felony offender to an indeterminate prison term of 5 to 10 years. On this appeal, defendant contends that his prison sentence is harsh and excessive. Our review of the record, however, discloses several factors that militate against this argument, including defendant's extensive criminal history and the fact that he was on parole at the time that he committed the instant offense (see People v. Ballinger, 299 A.D.2d 738, 739). Notably, defendant was sentenced in accordance with his negotiated plea agreement which substantially reduced his sentencing exposure (see People v. Munoz, 282 A.D.2d 775, lv denied 96 N.Y.2d 922; People v. Sanchez, 143 A.D.2d 953, lv denied 73 N.Y.2d 859). As we find no extraordinary circumstances warranting a reduction in defendant's sentence in the interest of justice, it will not be disturbed (see People v. Rosa-Oyola, 301 A.D.2d 750 , lv denied 99 N.Y.2d 658; People v. Bell, 290 A.D.2d 729).
Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur.
ORDERED that the judgment is affirmed.