MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of sexual abuse in the first degree (Penal Law § 130.65) and endangering the welfare of a child (§ 260.10 [1]). We reject the contention of defendant that the evidence is legally insufficient to support the conviction of sexual abuse in the first degree because the People failed to prove that he touched the victim's penis for the purpose of gratifying sexual desire (§ 130.00 [3]). "The element of sexual gratification `may be inferred from [defendant's] conduct itself'" ( People v. Schenk, 294 A.D.2d 914, 914, lv denied 98 N.Y.2d 702, quoting People v. Anthony D., 259 A.D.2d 1011, 1011, lv denied 93 N.Y.2d 1001). The verdict is not against the weight of the evidence ( see People v. Boyce, 2 A.D.3d 984, 985-986). The fact that the sentence imposed exceeds the sentence offered as part of a plea bargain does not establish that defendant was penalized for asserting his right to a trial ( see People v. Lusby, 2 A.D.3d 1332, 1333; People v. Lewis, 292 A.D.2d 814, 815, lv denied 98 N.Y.2d 677). Finally, we reject the contention of defendant that County Court abused its discretion in adjudicating him a persistent felony offender ( see CPL 400.20 [b]) and sentencing him to the maximum term of 25 years to life ( see People v. Young, 255 A.D.2d 907, 908, affd 94 N.Y.2d 171, rearg denied 94 N.Y.2d 876). "[T]he record reveals that the court was aware of the relevant factors and its determination is amply supported by the evidence" ( People v. Jones, 134 A.D.2d 451, 451-452, lv denied 70 N.Y.2d 1007).