PEOPLE v. PAULIN

Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fourth degree and, pursuant to a negotiated plea agreement, waived his right to appeal and was sentenced as a second felony offender to an indeterminate sentence of 7 to 14 years in prison. Defendant now argues that this sentence was harsh and excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances or abuse of discretion warranting a modification of the sentence imposed in the interest of justice given, inter alia, defendant's lengthy criminal history and the underlying circumstances (see, People v. Blair, 263 A.D.2d 614, 692 N.Y.S.2d 616; People v. Brown, 251 A.D.2d 694, lv denied 92 N.Y.2d 1029).

MERCURE, J.P., PETERS, SPAIN, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the judgment is affirmed.