Opinion
September 26, 2002.
Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered February 8, 2000, convicting defendant upon his plea of guilty of the crime of burglary in the first degree.
On this appeal, defendant, who pleaded guilty to burglary in the first degree in full satisfaction of a seven-count indictment, challenges the severity of the eight-year determinate term of imprisonment imposed upon him. Initially, contrary to defendant's claim, we find that defendant's general waiver of his right to appeal encompassed his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737; People v Hines, 263 A.D.2d 682, lv denied 93 N.Y.2d 1019). Nevertheless, were we to consider the merits, we would not find that the sentence is either harsh or excessive in view of the violent nature of the crime and that defendant specifically agreed to the sentence as part of the plea agreement (see People v. Woods, 239 A.D.2d 630, lv denied 89 N.Y.2d 1103; People v. Davis, 232 A.D.2d 678, lv denied 89 N.Y.2d 921). Moreover, we reject defendant's claim that County Court failed to exercise its discretion in sentencing defendant inasmuch as the record indicates that, in imposing sentence, the court not only considered the plea negotiations, but also "all the facts and circumstances." Therefore, we decline to disturb the judgment of conviction.
Crew III, J.P., Peters, Mugglin and Lahtimen, JJ., concur.
Ordered that the judgment is affirmed.