People v Murphy

People v Murphy 2008 NY Slip Op 09115 [56 AD3d 951] November 20, 2008 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent, v Joshua Murphy, Appellant.

—[*1] Robert K. Hughes, Dewitt, for appellant.

P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 8, 2007, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree with the understanding that he would be sentenced to a determinate term of imprisonment of no less than seven years and no greater than 10 years, along with a three-year period of postrelease supervision. County Court thereafter sentenced defendant to nine years in prison and three years of postrelease supervision.

Defendant's sole argument on this appeal is that the sentence imposed was harsh and excessive. We disagree, noting that our review of the record reveals neither an abuse of discretion by County Court nor the existence of extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Favor, 49 AD3d 915, 916 [2008]). Accordingly, the judgment is affirmed.

Peters, J.P., Spain, Carpinello, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is affirmed.