Opinion
September 11, 1997
Appeal from the County Court, Tompkins County (Sherman, J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of a six-count indictment with the understanding that the People would recommend a prison term of 4 1/2 to 9 years. Defendant failed to appear for sentencing. Upon being rearrested for a drug-related crime two years later, defendant was sentenced as a second felony offender to a prison term of 7 1/2 to 15 years. Defendant's sole contention on appeal is that his sentence was excessive in light of his health problems and his mother's terminal illness. We disagree. Under the circumstances presented here, the mitigating circumstances advanced by defendant do not warrant interference with the sentence imposed ( see, People v McGarry, 219 A.D.2d 744, lv denied 87 N.Y.2d 848; People v. Shuman, 213 A.D.2d 902, lv denied 86 N.Y.2d 741).
Cardona, P.J., White, Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.