| People v Jarvis |
| 2014 NY Slip Op 02111 [115 AD3d 1121] |
| March 27, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DaleS. Jarvis, Jr., Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Franklin County (Main Jr.,J.), rendered November 2, 2012, convicting defendant upon his plea of guilty of thecrime of manslaughter in the first degree.
Defendant waived indictment and was charged in a superior court information withmanslaughter in the first degree, stemming from allegations that he killed his father bystriking him in the head with a blunt object. Pursuant to a negotiated plea agreement,defendant pleaded guilty as charged, with the understanding that County Court made nopromises as to sentencing, and entered a limited waiver of the right to appeal. The pleaalso resolved an unrelated charge of criminal contempt in the first degree. County Courtthereafter sentenced defendant to 15 years in prison, to be followed by five years ofpostrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that his sentence is harsh andexcessive—a claim that is not encompassed by his limited appeal waiver. Basedupon our review of the record, we are unpersuaded. Notwithstanding defendant's remorseand difficult upbringing, given the nature of the crime committed and defendant'scriminal history, we perceive no abuse of discretion or extraordinary circumstanceswarranting a reduction of the sentence (see People v Manley, 101 AD3d 1270, 1271 [2012]; People v Mayo, 100 AD3d1155, 1156 [2012]).[*2]
Lahtinen, J.P., Garry and Rose, JJ., concur.Ordered that the judgment is affirmed.