| People v Friedrick |
| 2007 NY Slip Op 09627 [46 AD3d 943] |
| December 6, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Richard G.Friedrick II, Appellant. |
—[*1] Julie A. Garcia, District Attorney, Elizabethtown, for respondent.
Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered February6, 2007, convicting defendant upon his plea of guilty of the crime of attempted assault in thesecond degree.
Having beaten the victim by punching and kicking him in the face, defendant pleaded guiltyto attempted assault in the second degree. County Court thereafter sentenced him to 1 to 3 yearsin prison. Defendant now appeals.
Inasmuch as we agree with defendant that he did not validly waive his right to appeal (see People v Lopez, 6 NY3d 248,256 [2006]), we have considered his claim that the sentence imposed was harsh and excessive,yet find it to be unavailing. Notwithstanding the People's recommendation of a lesser sentenceand defendant's limited criminal history and professed remorse, we note the brutal nature of hisconduct and discern neither an abuse of discretion by County Court nor the existence of anyextraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Duffy, 38 AD3d1060, 1060-1061 [2007]). Accordingly, the judgment is affirmed.
Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that thejudgment is affirmed.