| People v Eggsware |
| 2011 NY Slip Op 08231 [89 AD3d 1277] |
| November 17, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Brad J. Eggsware,Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Young I. Choi, New York State ProsecutorsTraining Institute, Inc., Albany, of counsel), for respondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered April 19,2007, convicting defendant upon his plea of guilty of the crime of assault in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to assault in the second degree.Under the terms of the plea agreement, he was to be sentenced as a second felony offender to sevenyears in prison, together with a period of postrelease supervision not to exceed five years, to runconcurrently with another sentence he was then serving. He was thereafter sentenced in accordancewith the terms of the plea agreement and he now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. Based upon our review ofthe record, we disagree. Defendant has an extensive criminal record, considering his young age, andhas demonstrated a propensity to engage in violent behavior as evidenced by the brutal attack heperpetrated on a police officer, causing the officer physical injuries including a broken nose. In view ofthe foregoing, we do not find any abuse of discretion or extraordinary circumstances warranting areduction of the sentence in the interest of justice (see People v Torra, 309 AD2d 1074, 1076[2003], lv denied 1 NY3d 581 [2003]).
Rose, J.P., Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.