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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY J. ROSE, Appellant.

Defendant's only contention on this appeal is that the 1 2/3 to 5-year prison sentence he received is harsh and excessive. Defendant was allowed to plead guilty to the crime of burglary in the third degree in full satisfaction of a three-count indictment. Further, defendant pleaded guilty knowing that he would receive the sentence imposed by County Court. In light of these circumstances, defendant's prior criminal record and the fact that he was not sentenced to the harshest possible sentence, we find no reason to disturb the sentence imposed by County Court (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v. Du Bray, 76 A.D.2d 976).

Weiss, P.J., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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PEOPLE v. ROSE
(Jan 7, 1993)