Appellate Division of the Supreme Court of New York, 1998

People v. Feliciano

People v. Feliciano
Appellate Division of the Supreme Court of New York · Decided February 5, 1998 · Carpinello, Mercure, Mikoll, Peters, Yesawich
247 A.D.2d 654; 668 N.Y.S.2d 951; 1998 N.Y. App. Div. LEXIS 943
People v. Feliciano

Opinion of the Court

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered October 11, 1996, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to possession of a controlled substance in the fifth degree, *655waiving his right to appeal. Defendant has nonetheless appealed, contending that his sentence of 1½ to 4½ years’ imprisonment was harsh and excessive. Defendant has, however, failed to preserve this issue for our review (see, People v Wilson, 209 AD2d 792, lv denied 84 NY2d 1040) and it is, in any event, without merit. The sentence was the agreed-upon result of a plea bargain pursuant to which two considerably more serious drug-related charges against defendant were dropped. The sentence imposed by County Court cannot be characterized as an abuse of discretion nor are there any extraordinary circumstances present; therefore, we decline to disturb it (see, People v Coss, 217 AD2d 720, lv denied 86 NY2d 872; People v Fuller, 185 AD2d 446, lv denied 80 NY2d 974).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.

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