| People v Kennard |
| 2009 NY Slip Op 01545 [60 AD3d 1096] |
| March 5, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Stephen L.Kennard, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Kevin M. O'Shea of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), renderedDecember 13, 2004, convicting defendant upon his plea of guilty of the crime of course of sexualconduct against a child in the first degree.
Defendant pleaded guilty to course of sexual conduct against a child in the first degree withthe understanding that he would be sentenced to a term of imprisonment not greater than 15years along with five years of postrelease supervision. County Court thereafter sentenceddefendant consistent with the plea bargain to 15 years in prison and five years of postreleasesupervision. Defendant now appeals, arguing only that the sentence imposed is harsh andexcessive. We disagree, finding neither an abuse of discretion by County Court nor the existenceof extraordinary circumstances warranting a modification of the sentence in the interest of justice(see People v Frary, 29 AD3d1223, 1226 [2006], lv denied 7 NY3d 788 [2006]).
Cardona, P.J., Rose, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that thejudgment is affirmed.