PEOPLE v. JONES

Defendant pleaded guilty to the crime of sodomy in the third degree. Notwithstanding the joint recommendation of the prosecutor and the defense attorney that defendant be sentenced to a prison term of 1 to 3 years, County Court imposed a sentence of 1 to 4 years in prison. Defendant appeals contending that his prison sentence is harsh and excessive. We disagree. County Court made no commitment as to defendant's sentence and it is well settled that a sentence within the statutory parameters will not be disturbed absent extraordinary circumstances warranting modification (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872). Given defendant's admitted victimization of a seven-year-old child for his own sexual gratification, we find no reason to disturb the sentence imposed by County Court (see, People v. Nichols, 272 A.D.2d 641; People v. Newell, 271 A.D.2d 873, lv denied 95 N.Y.2d 837).

ORDERED that the judgment is affirmed.