PEOPLE v. DAVID

In satisfaction of a six-count indictment, defendant pleaded guilty to one count of sodomy in the first degree as a result of his molestation of a three-year-old child. Defendant was sentenced as a second felony offender to a definite term of 20 years in prison. Defendant now argues that this sentence was harsh and excessive because a more lenient sentence had been discussed in the context of an earlier plea of guilty to a superior court information which was subsequently withdrawn. We disagree. A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685, 685 N.Y.S.2d 485, 489, lv denied 93 N.Y.2d 872). Here, given defendant's prior criminal history and his admitted victimization of a helpless child for his own sexual gratification, we find no reason to disturb the sentence imposed in the interest of justice (see,id.).

ORDERED that the judgment is affirmed.