| People v Santos |
| 2009 NY Slip Op 04763 [63 AD3d 1280] |
| June 11, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Juan AlbertoRodriquez Santos, Appellant. |
—[*1] Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered August1, 2007, convicting defendant upon his plea of guilty of the crime of murder in the seconddegree.
Defendant was charged in an indictment with murder in the second degree in connectionwith the brutal stabbing death of his former girlfriend. He pleaded guilty to the crime and, underthe terms of the plea agreement, was to be sentenced to 20 years to life in prison. Prior tosentencing, defendant moved to withdraw his plea because he was not satisfied with his attorney.County Court denied the motion and proceeded to sentence defendant in accordance with theplea agreement. Defendant now appeals.
Defendant's sole contention is that the sentence imposed is harsh and excessive. Uponreviewing the record, we disagree. Although defendant does not have a lengthy criminal record,he was previously convicted of menacing in the second degree and criminal possession of aweapon in the fourth degree as the result of acts committed against the victim in this case. Inview of this demonstrated propensity for violence, defendant's failure to articulate remorse, thesenseless and heinous nature of the crime and the fact that the sentence imposed was less thanthe possible maximum, we find neither an abuse of discretion nor extraordinary circumstanceswarranting modification of the sentence in the interest of justice (see People v Edwards, 43 AD3d496, 497 [2007]; People v Centorani, 294 AD2d 613, 614 [2002]).[*2]
Mercure, J.P., Spain, Kane, Kavanagh and Garry, JJ.,concur. Ordered that the judgment is affirmed.