| People v Mayo |
| 2012 NY Slip Op 07723 [100 AD3d 1155] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Matthew J.Mayo, Also Known as Meyhem, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Broome County (Smith, J.),rendered January 12, 2011, convicting defendant upon his plea of guilty of the crime ofmanslaughter in the first degree.
Following an incident in which defendant fatally stabbed a man outside a bar, he was chargedin an indictment with a number of crimes, including murder in the second degree. He pleadedguilty to manslaughter in the first degree in satisfaction of the indictment as well as an unrelatedassault charge arising from his attack upon a correction officer while he was in custody.Defendant was sentenced, in accordance with the plea agreement, to 20 years in prison, to befollowed by five years of postrelease supervision. He now appeals.
Defendant contends that his sentence is harsh and excessive. Based upon our review of therecord, we disagree. Defendant has a lengthy criminal record starting from a very young age. Hehas exhibited violent propensities, as is evidenced by both the crime at issue and his attack uponthe correction officer, but has not shown remorse for his actions. In view of this, as well as thefact that he received the sentence promised under the terms of the plea agreement, we find noextraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in[*2]the interest of justice (see People v Gillespie, 45 AD3d 974 [2007]; see also People v Sullivan, 37 AD3d974, 975 [2007], lv denied 8 NY3d 991 [2007]).
Mercure, J.P., Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.