People v Cogswell

2007 NY Slip Op 09817 [46 AD3d 1017]

December 13, 2007

Appellate Division, Third Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent, v KeithCogswell, Appellant.

—[*1]Tara Brower Wells, Latham, for appellant.

Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), renderedNovember 21, 2005, convicting defendant upon his plea of guilty of the crime of sexual abuse inthe first degree.

Satisfying a four-count indictment, defendant pleaded guilty to sexual abuse in the firstdegree and was sentenced as negotiated to six months in jail and 10 years of probation.Defendant now appeals, arguing that the sentence imposed was harsh and excessive. Wedisagree. Noting the reprehensible nature of the crime perpetrated on a child, we find neither anabuse of discretion by County Court nor the existence of any extraordinary circumstancesjustifying a modification of the agreed-upon sentence in the interest of justice (see People v Ali-Rachedi, 34 AD3d981, 981-982 [2006], lv denied 8 NY3d 878 [2007]).

Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that thejudgment is affirmed.