| People v Smith |
| 2012 NY Slip Op 07709 [100 AD3d 1144] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Christian J.Smith, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Cynthia M. Olin of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), renderedJuly 2, 2010, convicting defendant upon his plea of guilty of the crime of criminal possession ofa weapon in the second degree.
When defendant's appeal was previously before this Court, we rejected an Andersbrief, withheld decision and assigned new counsel to address the issue of the severity ofdefendant's sentence and any other issues that the record may disclose (People v Smith, 90 AD3d 1417[2011]). Defendant now maintains that his prison sentence of seven years, with five years ofpostrelease supervision, was harsh and excessive and should be reduced in the interest of justice.Based upon our review of the record, we disagree. Notably, defendant was not sentenced to themaximum available prison term upon his conviction of a class C violent felony offense(see Penal Law §§ 70.02 [3] [b]; 265.03). Moreover, despite defendant'sexpression of remorse at sentencing, his extensive criminal history reveals a pattern of violentacts and rule violations (see People vKime, 95 AD3d 1562, 1563 [2012]). In light of this and the fact that defendant agreed tothe subject sentence as part of his negotiated plea agreement, "we find no extraordinarycircumstances nor any abuse of discretion warranting a reduction of the sentence[ ] in the interestof justice" (People v Garren, 84AD3d 1638, 1639 [2011], lv denied 17 NY3d 816 [2011]; see People v Elder, 89 AD3d1278, 1279 [2011], lv denied 18 NY3d 923 [2012]).
Lahtinen, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgmentis affirmed.