People v Brown

2012 NY Slip Op 05034 [96 AD3d 1236]

June 21, 2012

Appellate Division, Third Department

As corrected through Thursday, august 22, 2019

The People of the State of New York, Respondent, v DerrickBrown, Appellant.

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[Vacated, see 172 AD3d 1523.]

Greenwald Law Offices, Chester (David L. Gove of counsel), for appellant.

James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered June13, 2011, convicting defendant upon his plea of guilty of the crimes of burglary in the seconddegree, grand larceny in the fourth degree, criminal possession of stolen property in the fourthdegree, conspiracy in the fourth degree, attempted petit larceny and unlawful possession ofmarihuana.

This 18-year-old defendant entered an open plea to a indictment charging him with burglaryin the second degree, grand larceny in the fourth degree, criminal possession of stolen property inthe fourth degree, conspiracy in the fourth degree, attempted petit larceny and unlawfulpossession of marihuana without any promise being made with respect to the sentence.Thereafter, County Court sentenced defendant to 12 years in prison and five years of postreleasesupervision on the burglary conviction, 11/3 to 4 years in prison on the grandlarceny, criminal possession of stolen property and conspiracy convictions, 90 days in jail on theattempted petit larceny conviction and 15 days in jail on the unlawful possession of marihuanaconviction. The court directed all of the sentences to run concurrently with the burglaryconviction, with the exception of the sentence on the conspiracy conviction, which was to runconsecutively. Defendant now appeals contending that the 131/3-to-16-yearaggregate sentence is harsh and excessive.

We affirm. In light of defendant's brief but extensive criminal history, his inability to complywith supervision and the victim impact statements, we are not persuaded to exercise our [*2]discretion in the interest of justice and reduce his sentence (see People v Sanchez, 87 AD3d1226, 1227 [2011], lv denied 18 NY3d 928 [2012]).

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