| People v Adkins |
| 2013 NY Slip Op 05337 [108 AD3d 943] |
| July 18, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v HollieAdkins, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Kevin M. O'Shea of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered January 13, 2012, convicting defendant upon his plea of guilty of the crime ofgrand larceny in the third degree.
In satisfaction of a seven-count indictment, defendant pleaded guilty to grand larcenyin the third degree. In accordance with the plea agreement, he was sentenced to a term of2 to 6 years in prison and was ordered to pay restitution. Defendant now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. Based uponour review of the record, we disagree. Defendant specifically agreed to the sentence aspart of the plea agreement and it was well within the sentencing parameters for a class Dfelony (see Penal Law § 70.00 [2] [d]; [3] [b]). Under the circumstances,including defendant's criminal history, we find no abuse of discretion nor anyextraordinary circumstances warranting a reduction of the sentence in the interest ofjustice (see People v Singh,105 AD3d 1214, 1214-1215 [2013]; People v Miller, 70 AD3d 1120, 1121 [2010], lvdenied 14 NY3d 890 [2010]).
Rose, J.P., Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.