| People v Elder |
| 2011 NY Slip Op 08233 [89 AD3d 1278] |
| November 17, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Kevin Elder,Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 21,2010, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.
Defendant pleaded guilty to criminal contempt in the first degree after he violated an order ofprotection requiring him to stay away from a former girlfriend. Under the terms of the plea agreement,he was to be sentenced as a second felony offender to 2 to 4 years in prison. He was sentencedaccordingly 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 that includes numerous paroleviolations. He has exhibited a complete disregard for the order of protection, and personnel at theCrime Victims Assistance Program have reported that he has "severely traumatized" his formergirlfriend. In view of this, and given that defendant agreed to the sentence 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 Mason, 2 AD3d 1207, 1207-1208 [2003]; see also People v Fletcher, 309 AD2d1085, 1086 [2003], lv denied 1 NY3d 571 [2003]).[*2]
Mercure, J.P., Lahtinen, Malone Jr., Garry and Egan Jr., JJ.,concur. Ordered that the judgment is affirmed.