People v French

People v French 2015 NY Slip Op 09138 Decided on December 10, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 10, 2015
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[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

DANIEL J. FRENCH, Appellant.

Calendar Date: October 27, 2015
Before: McCarthy, J.P., Garry, Rose and Lynch, JJ.

Margaret McCarthy, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 27, 2012, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant robbed a bank teller at knife point and, in satisfaction of an indictment charging him with crimes arising from this incident, pleaded guilty to robbery in the first degree. In accordance with the terms of the plea agreement, he was sentenced as a second violent felony offender to 12 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. We disagree. Defendant has a lengthy criminal record that includes a prior robbery conviction. In view of

this, and given that defendant agreed to the sentence as part of the plea agreement, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Jones, 11 AD3d 818, 818 [2004]; see also People v Morgan, 214 AD2d 809, 811 [1995], lv denied 86 NY2d 783 [1995]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur.

ORDERED that the judgment is affirmed.