People v. French

• Decision Date: 10 December 2015
• Citation: 19 N.Y.S.3d 912 (Mem),134 A.D.3d 1245,2015 N.Y. Slip Op. 09138
• Parties: The PEOPLE of the State of New York, Respondent, v. Daniel J. FRENCH, Appellant.
• Court: New York Supreme Court — Appellate Division

134 A.D.3d 1245
19 N.Y.S.3d 912 (Mem)
2015 N.Y. Slip Op. 09138

The PEOPLE of the State of New York, Respondent,
v.
Daniel J. FRENCH, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Dec. 10, 2015.

Margaret McCarthy, Ithaca, for appellant.

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

Opinion

134 A.D.3d 1245

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

134 A.D.3d 1246

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 A.D.3d 818, 818, 783 N.Y.S.2d 165 [2004]; see also People v. Morgan,214 A.D.2d 809, 811, 625 N.Y.S.2d 673 [1995], lv. denied86 N.Y.2d 783, 631 N.Y.S.2d 629, 655 N.E.2d 726 [1995]).

ORDERED that the judgment is affirmed.

McCARTHY, J.P., GARRY, ROSE and LYNCH, JJ., concur.