Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered January 17, 1999, convicting dеfendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree and criminal possession of stolen property in the fourth degree.
Defendant was indicted on August 25, 1998 for criminal sale of a controlled substance in the third degree, a class B felоny, and criminal possession of a controlled substance in the seventh degree, a clаss A misdemeanor. At his arraignment on August 27,. 1998, defendant, through his then attorney, acknowledged receiving а copy of the indictment and entered a plea of not guilty. On September 9, 1998 defendant pleaded guilty to both counts of the indictment as part of a plea bargain that included an agreement by defendant to plead guilty to a superior court information (hereinafter SCI) charging him with criminal possession of stolen property in the fourth degree, a class E. felоny, in return for sentences of 1 to 3 years for the felony charges and 1 year for the misdemeаnor charge, all to run concurrently. Defendant also agreed to cooperаte with the authorities in a “debriefing” and the District Attorney agreed to dismiss all misdemeanors pending in the local courts of Columbia County as part of the plea bargain.
On October 14, 1998, defendаnt pleaded guilty to the SCI and expected to be sentenced according to the terms of the plea bargain on all charges to the agreed-upon sentence. Upоn reviewing the presentence report, however, County Court noted a prior felony conviction which prevented it from imposing the recommended sentence. Sentencing was adjourned and there
Defendant contends that County Court did not properly inform him of the charges against him at his arraignment on August 27, 1998 in violation of CPL 210.15 (1) and, therefore, never acquired jurisdiction over him. Defendant’s contention is without merit. The record reveals that defendant was arraigned on a valid accusatory instrument (see, People v Ford,
Defendant next contends that this Court should reduce his sentence in the interest of justice. Defendant’s contention that his sentence is unfair is not рreserved for our review because of his knowing and voluntary waiver of his right to appeаl (see, People v Kwiatkowski,
Defendant’s remaining arguments have bеen considered and found to be without merit.
Cardona, P. J., Peters, Spain and Mugglin, JJ., concur. Ordered that the judgment is affirmed.
