| People v Stover |
| 2008 NY Slip Op 06748 [54 AD3d 1068] |
| September 11, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Vatei Stover,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered June15, 2005, convicting defendant upon his plea of guilty of the crime of robbery in the seconddegree.
In satisfaction of a two-count indictment, defendant pleaded guilty to robbery in the seconddegree. Under the terms of the plea agreement, he was to be sentenced as a second felonyoffender to no more than 10½ years and no less than 8½ years in prison, to befollowed by five years of postrelease supervision. Defendant was ultimately sentenced to10¼ years in prison, to be followed by five years of postrelease supervision. He nowappeals.
Defendant's sole contention is that his sentence is harsh and excessive. We disagree.Defendant has a lengthy criminal record and engaged in violent conduct during the course ofcommitting the bank robbery in question. In view of this and inasmuch as the sentence waswithin the agreed-upon range, we find no extraordinary circumstances nor any abuse of discretionthat would warrant modifying the sentence in the interest of justice (see People v Salmans, 49 AD3d961, 961 [2008]; People vMcCarthy, 23 AD3d 919, 919-920 [2005]).
Mercure, J.P., Peters, Spain, Kane and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.