| People v Jordan |
| 2013 NY Slip Op 07209 [111 AD3d 970] |
| November 7, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vDupray A. Jordan, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Peter N. DeLucia of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Broome County(Cawley, J.), rendered February 22, 2011, convicting defendant upon his plea of guilty ofthe crime of assault in the second degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to a reducedcharge of assault in the second degree and, in conjunction therewith, was to receive asentence of time served. County Court advised defendant, however, that if he werearrested for any reason prior to the scheduled sentencing date, the court no longer wouldbe bound by the sentencing commitment. Thereafter, while on release pendingsentencing, defendant was arrested on unrelated charges and, following a jury trial, wasconvicted of burglary in the second degree and menacing in the second degree.Defendant subsequently appeared at a combined sentencing proceeding and, insofar as isrelevant to this appeal, was sentenced upon the assault conviction to a prison term of fouryears, followed by three years of postrelease supervision.[FN*]Defendant now [*2]appeals.
Defendant's sole contention upon appeal is that the enhanced sentence was harsh andexcessive and should be reduced in the interest of justice. We disagree. Althoughdefendant's prior criminal history was not extensive, the underlying assault convictioninvolved a serious act of violence, and County Court clearly warned defendant that hisfailure to abide by the no-arrest restriction could result in a greater sentence. "In view ofdefendant's disregard of this condition, coupled with the fact that the enhanced sentencewas less than the statutory maximum, we find no extraordinary circumstances justifying areduction of the sentence in the interest of justice" (People v Douglas, 2 AD3d 1050, 1051 [2003], lvdenied 2 NY3d 761 [2004] [citation omitted]; see People v White, 24 AD3d 817, 817 [2005]).Accordingly, the judgment of conviction is affirmed.
Rose, J.P., Spain and Garry, JJ., concur. Ordered that the judgment is affirmed.
Footnote *: With respect to theburglary and menacing convictions, which are the subject of a separate appeal(People v Jordan, 111 AD3d 971 [2013] [decidedherewith]), defendant was sentenced to an aggregate prison term of four years with fiveyears of postrelease supervision—said sentence to run consecutively to thesentence imposed upon the assault conviction.