People v Pellechia
2011 NY Slip Op 05592 [85 AD3d 1494]
June 30, 2011
Appellate Division, Third Department
As corrected through Wednesday, August 10, 2011


The People of the State of New York, Respondent, v Arthur W.Pellechia, Appellant.

[*1]Catherine A. Barber, Albany, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), forrespondent.

Appeal from a judgment of the County Court of Broome County (Cawley, J.), renderedMarch 5, 2010, convicting defendant upon his plea of guilty of the crimes of attempted assault inthe second degree and resisting arrest.

In satisfaction of a five-count indictment, defendant pleaded guilty to attempted assault in thesecond degree and resisting arrest and was sentenced as a second felony offender to anagreed-upon aggregate prison term of 2 to 4 years. Defendant appeals, solely contesting theseverity of his sentence. Because defendant received the sentence for which he bargained, andbased on the nature of the offenses committed, the fact that he was on parole at the time and hishistory of violent crimes, we can see no extraordinary circumstances or abuse of discretion thatwould warrant a reduction of defendant's sentence (see CPL 470.15 [6] [b]; People v Evans, 81 AD3d 1040,1041-1042 [2011]; People vAndrews, 78 AD3d 1229, 1233 [2010], lv denied 16 NY3d 827 [2011]).

Rose, J.P., Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.


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