People v. Lord, 108665

• Decision Date: 29 March 2018
• Docket Number: 108665
• Citation: 159 A.D.3d 1283,73 N.Y.S.3d 285
• Parties: The PEOPLE of the State of New York, Respondent, v. Tammy J. LORD, Appellant.
• Court: New York Supreme Court — Appellate Division

159 A.D.3d 1283
73 N.Y.S.3d 285

The PEOPLE of the State of New York, Respondent,
v.
Tammy J. LORD, Appellant.

108665

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

Calendar Date: February 16, 2018
Decided and Entered: March 29, 2018

Barrett D. Mack, Albany, for appellant, and appellant pro se.

Susan J. Mallery, District Attorney, Schoharie (Michael L. Breen of counsel), for respondent.

Before: McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ.

MEMORANDUM AND ORDER

McCarthy, J.P.

Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), rendered July 27, 2016, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.

After working on a residential construction project, defendant unlawfully entered the home and took a substantial amount of jewelry, which she later sold. As a result, she was charged in an indictment with burglary in the second degree and pleaded guilty to this crime without any promise being made as to the sentence. She was subsequently sentenced to 5½ years in prison and five years of postrelease supervision. She now appeals.

Defendant challenges the severity of her sentence and urges this Court to modify it in the interest of justice. Although defendant's drug addiction appears to be the primary factor motivating her to commit the crime, we are not persuaded that the sentence is either harsh or excessive. Defendant has a prior criminal history and violated the victims' privacy by entering their home and taking a large quantity of jewelry that had significant monetary and sentimental value. In view of this, and

73 N.Y.S.3d 286

given that defendant could have potentially received a sentence of 15 years in prison (see Penal Law § 70.02[3][b] ), we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v. Tarver, 149 A.D.3d 1350, 1350, 50 N.Y.S.3d 310 [2017]; People v. Kime, 95 A.D.3d 1562, 1563, 944 N.Y.S.2d 683...