PEOPLE v. BLAIR

Defendant pleaded guilty to the crime of sodomy in the first degree as a result of his molestation of a six-year-old child. Pursuant to his plea agreement, defendant waived his right to appeal and was sentenced to a term of 3 1/2 to 7 years in prison. Defendant now argues that this sentence was harsh and excessive but does not contest its lawfulness. However, because defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see, People v. George, 261 A.D.2d 711 [May 13, 1999];People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to consider defendant's challenge to his agreed-upon sentence, we would find no abuse of discretion by the sentencing court and no evidence of extraordinary circumstances warranting a modification in the interest of justice given the nature of this crime against a young child (see, People v. Brown, 251 A.D.2d 694, lv denied 92 N.Y.2d 1029; People v. Motter, 235 A.D.2d 582, 589, lv denied 89 N.Y.2d 1038).

ORDERED that the judgment is affirmed.