Opinion
July 15, 1999
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered October 6, 1998, convicting defendant upon his plea of guilty of the crime of conspiracy in the second degree.
Paul J. Connolly, Albany, for appellant.
Andrew G. Schrader, District Attorney, Malone, for respondent.
Before: CARDONA, P.J., MERCURE, YESAWICH JR., PETERS and SPAIN, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of conspiracy in the second degree as a result of his admitted agreement to participate in what was ultimately an unsuccessful "murder for hire" scheme. As part of the plea negotiations, the only commitment County Court made was to set as a ceiling a sentence of 5 to 15 years in prison. The court ultimately sentenced defendant to an indeterminate term of 4 to 12 years in prison. Defendant now argues that this sentence was harsh and excessive because, inter alia, the People recommended a lesser sentence. Nevertheless, a sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685, 685 N.Y.S.2d 485, 489, lv denied 93 N.Y.2d 872). Here, given defendant's record, the previous leniency shown to [him, and the circumstances of defendant's conduct in conspiring to take a life and his actions in furtherance of that plan while on probation for an unrelated crime as described in the record, we discern no reason to disturb the sentence imposed in the interest of justice (see, id.).
ORDERED that the judgment is affirmed.