People v. Johns

—Carpinello, J.

Appeal from a judgment of the County Court of Cortland County (Avery, Jr., J.), rendered February 25, 1999, convicting defendant upon his plea of guilty of the crime of attempted rape in the first degree.

In satisfaction of a charge of rape in the first degree, a class B violent felony, defendant entered a plea of guilty of attempted rape in the first degree, a class C violent felony, with the understanding that he would be sentenced to a determinate prison term of 5¥2 years. Defendant was sentenced as agreed and he executed a waiver of the right to appeal. He now appeals,…