| People v Girard |
| 2013 NY Slip Op 07878 [111 AD3d 1153] |
| November 27, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vChauncey Girard, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
McCarthy, J. Appeal from a judgment of the County Court of Ulster County(Williams, J.), rendered March 11, 2011, convicting defendant upon his plea of guilty ofthe crime of burglary in the first degree.
After being released from state prison, defendant broke into his former girlfriend'shouse, entered her bedroom and punched her new boyfriend in the face. As a result,defendant was charged by indictment with burglary in the first degree and assault in thethird degree. Following the former girlfriend's direct testimony at trial, defendant pleadedguilty to burglary in the first degree in satisfaction of the indictment and in exchange forthe People's recommendation of an eight-year prison sentence. Despite the Peoplemaking that recommendation, County Court sentenced defendant to 16 years in prison,followed by five years of postrelease supervision. Defendant appeals.
We reject defendant's assertion that County Court lacked jurisdiction, as the recordindicates that an indictment was filed well before he entered his plea. By pleading guilty,defendant forfeited review of his arguments that County Court should have redactedcertain language from one of his statements and that the court erred in itsVentimiglia ruling (seePeople v Johnson, 104 AD3d 705, 706 [2013]; People v Gerber, 182AD2d 252, 259-261 [1992], lv [*2]denied 80NY2d 1026 [1992]; People v Winchenbaugh, 120 AD2d 811, 813 [1986];see also People v Taylor, 65 NY2d 1, 5 [1985]). Given defendant's criminalhistory, his refusal to accept responsibility, and his commission of this crime withinhours of being released from prison and in violation of a parole condition that he not gonear his former girlfriend's home, we cannot find that the sentence imposed was harsh orexcessive.
Peters, P.J., Spain and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.