| People v Hilder |
| 2010 NY Slip Op 09416 [79 AD3d 1459] |
| December 23, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Adam Hilder,Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall, Jr., J.), rendered January30, 2009, convicting defendant upon his plea of guilty of the crime of possession of an obscene sexualperformance by a child (six counts).
Defendant was charged in a 60-count indictment with numerous crimes, including multiple counts ofpossession of an obscene sexual performance by a child, after police discovered child pornography ona computer owned by him. In satisfaction of the indictment, he pleaded guilty to six counts ofpossession of an obscene sexual performance by a child and waived his right to appeal everythingexcept for the sentence. In accordance with the plea agreement, he was sentenced to consecutive termsof 1 to 3 years in prison for an aggregate term of imprisonment of 6 to 18 years. Defendant appeals.
Defendant's sole argument on appeal is that his sentence is harsh and excessive. Based upon ourreview of the record, we disagree. A voluminous amount of disturbing pornographic material wasrecovered from defendant's computer, some of which depicted infants involved in sexual acts. In viewof this, as well as the fact that the sentence was agreed to by defendant as part of the plea agreement,we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of thesentence in the interest of justice (see Peoplev Esposito, 53 AD3d 854 [2008]).
Cardona, P.J., Peters, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the judgmentis affirmed.