People v Dashnau

People v Dashnau 2008 NY Slip Op 09496 [57 AD3d 1020] December 4, 2008 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent, v Herbert L. Dashnau, Appellant.

—[*1] Lisa A. Burgess, Indian Lake, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 3, 2007, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Having shot a man in the chest, defendant resolved a four-count indictment by pleading guilty to criminal possession of a weapon in the second degree. County Court thereafter sentenced defendant as negotiated to five years in prison and five years of postrelease supervision. Defendant now appeals, asserting that the sentence imposed was harsh and excessive. Upon our review of the record, we disagree. Noting the seriousness of the underlying crime, as well as defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances justifying a modification of the sentence in the interest of justice (see People v Manning, 49 AD3d 966 [2008]). Consequently, the judgment is affirmed.

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