PEOPLE v. DANIELS

Pursuant to a negotiated plea agreement, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of two indictments and was sentenced as a second felony offender to an indeterminate term of 5 to 10 years in prison. Defendant appeals contending that the sentence imposed was harsh and excessive.

We affirm. A sentence within the permissible statutory range will not be disturbed unless extraordinary circumstances exist warranting a modification in the interest of justice (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872). Given defendant's criminal record, we find no reason to disturb the sentence (see, People v. Biggs, 268 A.D.2d 800).

ORDERED that the judgment is affirmed.