| People v Kerwin |
| 2014 NY Slip Op 02976 [117 AD3d 1097] |
| May 1, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vDaniel P. Kerwin, Appellant. |
David Perino, Albany, for appellant.
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 February 2, 2012, convicting defendant upon his plea of guilty of the crimeof robbery in the second degree.
Defendant was charged in an indictment with robbery in the first degree stemmingfrom an incident in which he attempted to steal a flat screen television to acquire moneyto purchase drugs. He thereafter pleaded guilty to the reduced charge of robbery in thesecond degree in exchange for a negotiated sentence of 10 years in prison followed byfive years of postrelease supervision. County Court sentenced defendant, as a secondviolent felony offender, to the agreed-upon sentence and defendant now appeals.
We affirm. Defendant's contention that he received the ineffective assistance ofcounsel is unpreserved for our review based upon his admitted failure to make anappropriate postallocation motion (see People v Wiley, 112 AD3d 998, 998 [2013]; People v Gruber, 108 AD3d877, 878 [2013], lv denied 22 NY3d 956 [2013]). Furthermore, we rejectdefendant's claim that his sentence was harsh and excessive. In light of his lengthycriminal history and the fact that he agreed to the sentence imposed, we find noextraordinary circumstances or abuse of discretion that would warrant a reduction in hissentence (see People v Flanders, 110 AD3d [*2]1112, 1113 [2013]; People v Williams, 101 AD3d 1174, 1174-1175[2012]).
Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.