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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD DERUSH, Appellant.

MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of robbery in the second degree and was sentenced, as part of a negotiated plea agreement, to a determinate term of 10 years in prison. Defendant appeals contending that his sentence is harsh and excessive. Our review of the record disclosed no extraordinary circumstances warranting a modification in the interest of justice (see, People v. Saunders, 277 A.D.2d 512, lv denied 96 N.Y.2d 763; People v. Moneyhan, 248 A.D.2d 756, lv denied 91 N.Y.2d 1010). Accordingly, we decline to disturb the sentence imposed by County Court.

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.

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PEOPLE v. DERUSH
(Nov 8, 2001)