| People v Landy |
| 2009 NY Slip Op 08524 [67 AD3d 1205] |
| November 19, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v AlphonseLandy, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), renderedApril 21, 2008, convicting defendant upon his plea of guilty of the crime of rape in the firstdegree.
In satisfaction of a four-count indictment, defendant pleaded guilty to rape in the firstdegree. He was subsequently sentenced, in accordance with the plea agreement, to 15 years inprison to be followed by five years of postrelease supervision. Defendant appeals.[FN*]
Defendant's sole contention is that the sentence is harsh and excessive. Upon reviewing therecord, we disagree. Defendant has a lengthy criminal record, has had several orders ofprotection issued against him prohibiting contact with various women and expressed no remorsefor his conduct. Accordingly, we find no abuse of discretion nor the existence of extraordinarycircumstances warranting a reduction of the sentence—which is within the permissiblestatutory range—in the interest of justice (see People v Wilson, 61 AD3d 1269, 1272-1273 [2009]; People v Kennard, 60 AD3d 1096,1097 [2009], lv denied 12 NY3d 926 [2009]).[*2]
Cardona, P.J., Mercure, Spain, Kane and Stein, JJ.,concur. Ordered that the judgment is affirmed.
Footnote *: Although the original plea offerincluded a waiver of the right to appeal, the record does not establish that defendant waived thisright and the People concede this fact.