| People v Adams |
| 2008 NY Slip Op 00007 [47 AD3d 968] |
| January 3, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Bryan E.Adams, Appellant. |
—[*1] John R. Trice, District Attorney, Elmira, for respondent.
Cardona, P.J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered October 17, 2006, convicting defendant upon his plea of guilty of the crimes of murderin the second degree, robbery in the first degree (two counts) and robbery in the second degree.
On March 1, 2006, defendant drove himself and codefendant Anthony B. Horton to a bank inthe Town of Big Flats, Chemung County. While defendant's brother, codefendant Wayne Adams,acted as a lookout and defendant waited in the car, Horton entered the bank with a gun in a gymbag and returned to the car minutes later with $1,944.90 in cash. During their getaway, defendantand Horton were stopped by State Trooper Andrew Sperr. As Sperr neared the car on foot,Horton opened fire, initiating a gun battle between Horton and Sperr during which all three menwere wounded. The encounter concluded with Horton approaching Sperr while he lay woundedon the ground and firing two more shots. Sperr died soon thereafter.
Defendant was indicted for murder in the second degree, robbery in the second degree andtwo counts of robbery in the first degree. Pursuant to a negotiated plea agreement, defendantpleaded guilty to all four charges and cooperated in the prosecutions of his codefendants with theunderstanding that a sentence less than the maximum permitted by statute would be imposed.Defendant was sentenced by County Court to, among other things, a prison term of 22 years tolife on the murder conviction. Claiming that the sentence is harsh and excessive, defendant now[*2]appeals.
We find defendant's contention unpersuasive. In imposing the sentence, County Court notonly considered defendant's cooperation with the prosecution of his codefendants, but also hislengthy criminal history and participation in a dangerous criminal enterprise that resulted in themurder of a State Trooper. In light of the circumstances and given that defendant was sentencedin accordance with the plea agreement to less than the maximum authorized sentence (seePenal Law § 70.00 [3] [a] [i]), we perceive no abuse of discretion on the part of thesentencing court or extraordinary circumstances warranting a reduction of the sentence in theinterest of justice (see People vWashington, 4 AD3d 546, 548-549 [2004]).
Peters, Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.