| People v Manley |
| 2012 NY Slip Op 08582 [101 AD3d 1270] |
| December 13, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Matthew J.Manley, Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), renderedOctober 31, 2011, convicting defendant upon his plea of guilty of the crime of burglary in thefirst degree.
In an attempt to collect an unpaid debt for drugs that he sold, defendant entered the home ofthe individual who purchased the drugs and assaulted him. As a result, defendant was indictedand charged with burglary in the first degree and assault in the second degree. In full satisfactionthereof, he thereafter pleaded guilty to burglary in the first degree and entered a limited waiver ofhis right to appeal. In accordance with the terms of the plea agreement, defendant was sentencedas a second felony offender to 12 years in prison and five years of postrelease supervision. Henow appeals.
Defendant's sole contention is that his sentence is harsh and excessive—a claim that,under the particular facts of this case, is not encompassed by his otherwise valid waiver of theright to appeal. Based upon our review of the record, we disagree. Defendant exhibited violentbehavior in breaking into a residence in the early morning hours and inflicting bodily harm to theindividual who allegedly owed him money for drugs. Moreover, despite his young age, defendanthas a lengthy criminal record, which includes two prior felony convictions. Furthermore, thesentence was on the low end of the parameters of the sentencing range that defendant consentedto as part of the plea agreement. In view of the foregoing, we find no extraordinary circumstancesnor any abuse of discretion warranting a reduction of the sentence in [*2]the interest of justice (see People v Conklin 39 AD3d 1022, 1023 [2007], lvdenied 9 NY3d 841 [2007]; Peoplev Drew, 16 AD3d 840, 841 [2005]).
Lahtinen, J.P., Spain, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgmentis affirmed.