| People v Taft |
| 2014 NY Slip Op 01785 [115 AD3d 1095] |
| March 20, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vWilliam G. Taft, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Nicole M. Smith of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered March 15, 2012, convicting defendant upon his plea of guilty of the crime ofcriminal sexual act in the first degree.
Defendant was charged in an indictment with the crime of criminal sexual act in thefirst degree stemming from an incident in which he placed his mouth on the vagina of hisgirlfriend's four-year-old daughter. He pleaded guilty to this charge and, under the termsof the plea agreement, was to be sentenced to five years in prison, to be followed by 10years of postrelease supervision. He was sentenced accordingly and he now appeals.
Defendant's sole argument is that the sentence is harsh and excessive insofar as itincluded a 10-year period of postrelease supervision. We find this argumentunpersuasive. Defendant received the minimum term of imprisonment for this crime andwas fully aware that the plea-bargained sentence included a 10-year period of postreleasesupervision, to which he agreed. While he seeks to evoke sympathy by pointing to hismental health problems and the fact that he was sexually abused as a child, these are notexcuses for his behavior (seePeople v Masters, 36 AD3d 959, 960-961 [2007], lv denied 8 NY3d925 [2007]; People v Upson, 251 AD2d 818, 818 [1998]). Rather, given "theabhorrent nature of [defendant's] sexual exploitation of this young victim" (People v Kidwell, 88 AD3d1060, 1062-1063 [2011]), we find no abuse of discretion nor any extraordinarycircumstances warranting a reduction of the sentence in the interest of justice (see People v Sabin, 73 AD3d1390, 1391 [2010], lv denied 15 NY3d 809[*2][2010]; People v Stouten, 54 AD3d 1100, 1100 [2008]).
Peters, P.J., Lahtinen, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.