| People v England |
| 2008 NY Slip Op 01036 [48 AD3d 838] |
| February 7, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Andrew A.England, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Laurie L. Paro of counsel), forrespondent.
Peters, J. Appeal from a judgment of the Supreme Court (Potter, J.), rendered April 6, 2007in St. Lawrence County, convicting defendant upon his plea of guilty of the crime of endangeringthe welfare of a child.
In satisfaction of three charges pending against him stemming from a domestic incidentwherein he fired a BB gun at his girlfriend while she was in close proximity to their son,defendant pleaded guilty to the crime of endangering the welfare of a child. Defendant wassentenced to, among other things, a term of incarceration of one year and now appeals hisconviction.
Defendant initially claims that Supreme Court lacked jurisdiction to take defendant's plea andpronounce sentence. His argument is premised upon the absence of an order of removal of theaction to Supreme Court from the local criminal court. However, although not included in therecord, we take judicial notice of Supreme Court's order of removal, entered January 9, 2007 inSt. Lawrence County, and, consequently, find defendant's argument to be unavailing.
Defendant further contends that his sentence was harsh and excessive. In light of defendant'scriminal history, which includes prior convictions for similar crimes, we discern no [*2]extraordinary circumstances or an abuse of discretion warranting areduction of his sentence in the interest of justice (see People v Strauss, 16 AD3d 707, 708 [2005]).
Mercure, J.P., Carpinello, Rose and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.