| People v Birch |
| 2008 NY Slip Op 08357 [56 AD3d 808] |
| November 6, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Mary Birch,Appellant. |
—[*1] Andrew M. Cuomo, Attorney General, New York City (Hannah Stith Long of counsel), forrespondent.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), renderedApril 10, 2007, convicting defendant upon her plea of guilty of the crime of grand larceny in thesecond degree.
Admitting that she defrauded a trust for which she was the trustee, defendant waivedindictment and pleaded guilty to a superior court information charging her with grand larceny inthe second degree. County Court thereafter sentenced defendant to a prison term of 2 to 6 years,to run consecutively to a prison sentence that she was already serving for unrelated grand larcenyand insurance fraud convictions, and ordered her to pay restitution in the stipulated amount of$195,714.50.
Defendant's sole argument on this appeal is that the sentence imposed was harsh andexcessive. We disagree, noting that our review of the record reveals neither an abuse ofdiscretion by County Court nor the existence of extraordinary circumstances warranting areduction of the sentence in the interest of justice (see People v Favor, 49 AD3d 915, 916 [2008]). Accordingly, thejudgment is affirmed.
Spain, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that thejudgment is affirmed.