| People v Murphy |
| 2008 NY Slip Op 09115 [56 AD3d 951] |
| November 20, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JoshuaMurphy, 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 April8, 2007, convicting defendant upon his plea of guilty of the crime of burglary in the seconddegree.
Defendant pleaded guilty to burglary in the second degree with the understanding that hewould be sentenced to a determinate term of imprisonment of no less than seven years and nogreater than 10 years, along with a three-year period of postrelease supervision. County Courtthereafter sentenced defendant to nine years in prison and three years of postrelease supervision.
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.
Peters, J.P., Spain, Carpinello, Malone Jr. and Stein, JJ., concur. Ordered that the judgment isaffirmed.