| People v Khan |
| 2011 NY Slip Op 01748 [82 AD3d 1362] |
| March 10, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Jimmy R. Khan, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Cawley, Jr., J.), renderedJanuary 6, 2010, convicting defendant upon his plea of guilty of the crime of robbery in thesecond degree.
While defendant was on parole, he and another individual accosted an older man in hisgarage and stole the man's car. Thereafter, defendant waived indictment and was charged in asuperior court information with burglary in the first degree and two counts of robbery in thesecond degree. He pleaded guilty to one count of robbery in the second degree in satisfactionthereof. In accordance with the plea agreement, defendant was sentenced as a second felonyoffender to seven years in prison to be followed by five years of postrelease supervision. He nowappeals.
Defendant's sole contention is that the sentence is harsh and excessive. Based upon ourreview of the record, we disagree. Defendant has an extensive criminal record and has beenarrested a number of times while on parole. During his commission of the crime in question,defendant exhibited violent tendencies by physically overpowering the victim and causing himinjuries. In view of this, we find no extraordinary circumstances nor any abuse of discretionwarranting a reduction of the sentence in the interest of justice (see People v Gorrell, 63 AD3d1381, 1381-1382 [2009], lv denied 13 NY3d 744 [2009]; People v Stover, 54 AD3d 1068,1069 [2008]).[*2]
Mercure, J.P., Lahtinen, Malone Jr., McCarthy and Garry,JJ., concur. Ordered that the judgment is affirmed.