| People v Ferrer |
| 2014 NY Slip Op 02104 [115 AD3d 1113] |
| March 27, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRodney Ferrer, 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 (Ceresia,J.), rendered April 23, 2010, upon a verdict convicting defendant of the crimes of assaultin the second degree and criminal possession of a weapon in the third degree.
Following a jury trial, defendant was convicted of assault in the second degree andcriminal possession of a weapon in the third degree. The convictions arose out of anAugust 2007 incident wherein the victim told defendant to leave his residence afterdefendant attempted to smoke marihuana in front of children. Defendant returned shortlythereafter and, without warning, stabbed the victim in the neck. County Court sentenceddefendant, as a second felony offender, to an aggregate prison term of seven years to befollowed by five years of postrelease supervision. The court further directed that thesentence run consecutively to a term of imprisonment that defendant was already serving.Defendant's sole contention upon this appeal is that the sentence imposed was harsh andexcessive.
We disagree and affirm. Defendant has an extensive criminal history thatdemonstrates his predilection for violence, including multiple convictions for robberyand assault. Considering that history, as well as the vicious and unprovoked nature of thepresent offenses, we do not perceive an abuse of discretion or any extraordinarycircumstances that would warrant a [*2]reduction ofdefendant's sentence in the interest of justice (see People v Eggsware, 89 AD3d 1277, 1277 [2011]; People v De Fayette, 27 AD3d840, 840-841 [2006], lv denied 7 NY3d 754 [2006]).
Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.