| People v Fomby |
| 2014 NY Slip Op 05575 [119 AD3d 1293] |
| July 31, 2014 |
| Appellate Division, Third Department |
[*1]
| 1 The People of the State of New York, Respondent, vChristopher A. Fomby, Appellant. |
Donna C. Chin, Ithaca, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Damian M. Sonsire of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered February 4, 2013, which resentenced defendant following his conviction of thecrimes of burglary in the second degree and grand larceny in the fourth degree.
Following a jury trial, defendant was convicted of burglary in the second degree andgrand larceny in the fourth degree. He was sentenced as a persistent violent felonyoffender to an aggregate prison term of 20 years to life, to run concurrently to hissentence on another conviction. This Court upheld the judgment of conviction, butremitted the matter for resentencing (101 AD3d 1355 [2012]) because defendant's otherconviction was reversed (Peoplev Fomby, 103 AD3d 28 [2012], lv denied 21 NY3d 1015 [2013]). Uponremittal, County Court resentenced defendant as a persistent violent felony offender to anaggregate prison term of 18 years to life. Defendant now appeals.
Defendant's sole contention is that the term of imprisonment imposed uponresentencing is harsh and excessive. Based upon our review of the record, we disagree.Defendant has a lengthy criminal record, characterized by numerous burglaries and othertheft-related crimes. The minimum prison term required by statute for a persistent violentfelony offender convicted of a class B felony is 16 years (see Penal Law§ 70.08 [3] [b]). County court duly accounted for the reversal of defendant'sother criminal conviction by reducing the minimum prison term from 20 to 18 years. Wefind no abuse of discretion nor any extraordinary circumstances warranting a furtherreduction of the sentence in the interest of justice (see People v Jackson, 2 AD3d 893, 897 [2003], lvdenied 1 NY3d 629 [2004]; People v Colantonio, 277 AD2d 498, 501[2000], lv [*2]denied 96 NY2d 781 [2001]).
Stein, J.P., Garry, Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgmentis affirmed.