| People v Butler |
| 2013 NY Slip Op 07520 [111 AD3d 1024] |
| November 14, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DavidButler, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered July 26, 2011, convicting defendant upon his plea of guilty of the crime ofburglary in the second degree.
Defendant pleaded guilty to burglary in the second degree in satisfaction of atwo-count indictment. County Court advised defendant prior to his guilty plea that itwould impose a prison sentence of five years to be followed by postrelease supervisionof five years, and subsequently did so. Defendant now appeals, and we affirm.
Upon our review of the record, we do not agree with defendant that County Courtimproperly denied his application for youthful offender status. Before he pleaded guilty,defendant was made aware that County Court had no intention of granting him youthfuloffender status. Defendant, in any event, was part of an armed group that forcibly enteredthe victim's residence, then restrained and robbed him. In view of those facts, weperceive no abuse of discretion in County Court's ultimate decision (see People v Brodhead, 106AD3d 1337, 1337 [2013]; People v Clark, 84 AD3d 1647, 1648 [2011]). Regardingdefendant's further claim that the sentence imposed was harsh and excessive, we perceiveno extraordinary circumstances or any abuse of discretion that would warrant a reductionthereof (see People v Brodhead, 106 AD3d at 1337).[*2]
Rose, Lahtinen and Garry, JJ., concur. Orderedthat the judgment is affirmed.