Opinion
11189
Calendar Date: May 14, 2003.
June 12, 2003.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered November 9, 1998, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Eugene P. Devine, Public Defender, Albany (Paul F. Dwyer Jr. of counsel), for appellant.
Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of robbery in the second degree stemming from his participation in a robbery at a pizza parlor during which a codefendant displayed what appeared to be a revolver. Defendant was sentenced, as a second felony offender, in accordance with the plea agreement to a determinate prison term of 7 years to run consecutive with a seven-year sentence previously imposed in Rensselaer County. Defendant appeals, claiming that the sentence imposed is harsh and excessive and should be reduced or modified to run concurrent with the Rensselaer County sentence. Defendant's general waiver of his right to appeal during the plea colloquy encompasses his challenge to the severity of the sentence (see People v. Hidalgo 91 N.Y.2d 733, 737). Nevertheless, were we to consider it, we would find no abuse of discretion or extraordinary circumstances warranting a reduction of the agreed-upon sentence (see generally People v. French, 302 A.D.2d 751).
Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.