| People v Gonzalez |
| 2012 NY Slip Op 05676 [97 AD3d 985] |
| July 19, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Eric S.Gonzalez, Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.
Spain, J. Appeals from two judgments of the County Court of Franklin County (Main Jr., J.),rendered January 3, 2011, convicting defendant upon his pleas of guilty of the crimes ofattempted murder in the second degree (two counts), assault in the second degree, menacing inthe second degree, criminal contempt in the first degree, menacing a police officer, attemptedburglary in the first degree and criminal contempt in the second degree.
In accordance with a plea agreement, defendant pleaded guilty to all counts set forth in twoseparate indictments: attempted murder in the second degree (two counts), assault in the seconddegree, menacing in the second degree, criminal contempt in the first degree, menacing a policeofficer, attempted burglary in the first degree and criminal contempt in the second degree. As perthe plea agreement, defendant's pleas also satisfied a number of pending charges in other courtsin Franklin County. Defendant was sentenced as agreed to an aggregate prison term of 14 yearswith five years of postrelease supervision. His waiver of appeal explicitly reserved his right toraise issues pertaining to his sentence, which he now challenges on this appeal.
Specifically, defendant contends that his plea allocution—the legal sufficiency ofwhich he expressly does not challenge—is factually inadequate to permit meaningfulappellate review of the harshness of his sentence. We disagree and, moreover, note that ourreview is not limited [*2]to the facts presented at the pleaproceedings. Here, in addition to the detailed allegations in the indictments to which defendantfully admitted, the presentence investigation report contains ample information surrounding themany crimes at issue. The record establishes that defendant's crimes spanned 2009 and 2010 andinvolved two separate attempts to murder the same victim and repeated threats to kill her,menacing a police officer with a knife, and displaying egregious contempt of court. Defendant'sextensive violent criminal record and his significant history of untreated drug and alcohol abuseare also documented. Upon considering all of these factors, we are not persuaded that theagreed-upon sentence was harsh or excessive (see People v Knott, 92 AD3d 975, 976 [2012], lv denied 18NY3d 995 [2012]; People v Bridge,71 AD3d 1197, 1199 [2010]).
Peters, P.J., Lahtinen, Malone Jr. and Garry, JJ., concur. Ordered that the judgments areaffirmed.