| People v French |
| 2015 NY Slip Op 09138 [134 AD3d 1245] |
| December 10, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vDaniel J. French, Appellant. |
Margaret McCarthy, Ithaca, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered August 27, 2012, convicting defendant upon his plea of guilty of the crime ofrobbery in the first degree.
Defendant robbed a bank teller at knife point and, in satisfaction of an indictmentcharging him with crimes arising from this incident, pleaded guilty to robbery in the firstdegree. In accordance with the terms of the plea agreement, he was sentenced as a secondviolent felony offender to 12 years in prison to be followed by five years of postreleasesupervision. He now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We disagree.Defendant has a lengthy criminal record that includes a prior robbery conviction. In viewof this, and given that defendant agreed to the sentence as part of the plea agreement, wefind no abuse of discretion nor any extraordinary circumstances warranting a reduction ofthe sentence in the interest of justice (see People v Jones, 11 AD3d 818, 818 [2004]; see alsoPeople v Morgan, 214 AD2d 809, 811 [1995], lv denied 86 NY2d 783[1995]).
McCarthy, J.P., Garry, Rose and Lynch, JJ., concur. Ordered that the judgment isaffirmed.