| People v Handley |
| 2015 NY Slip Op 09720 [134 AD3d 1509] |
| December 31, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vDwayne Handley, Appellant. |
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), fordefendant-appellant.
Dwayne Handley, defendant-appellant pro se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch,Sr., A.J.), rendered April 8, 2014. The judgment revoked defendant's sentence ofprobation and imposed a sentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence ofprobation previously imposed upon his conviction of attempted criminal possession of aweapon in the second degree (Penal Law §§ 110.00, 265.03 [3]) andsentencing him to a determinate term of imprisonment of seven years plus three years ofpostrelease supervision. We reject defendant's contention that the sentence is undulyharsh and severe. Although defendant was sentenced to the maximum sentence permittedby law and has a minimal criminal history, he repeatedly fired a gun at another person,and one of the errant bullets went through the window of a nearby home. Moreover,shortly after being placed on probation, defendant essentially ignored all of the terms andconditions of probation and then absconded for the next year and a half. Under thecircumstances, we perceive no basis upon which to modify the sentence as a matter ofdiscretion in the interest of justice (see CPL 470.15 [6] [b]; see generally People vLeggett, 101 AD3d 1694, 1695 [2012], lv denied 20 NY3d 1101[2013]).
Defendant's contentions in his pro se supplemental brief that his plea wasinvoluntarily entered and that he was deprived of effective assistance of counsel at thetime of the plea are not properly before us. The only notice of appeal in the record isfrom the judgment entered upon sentencing for the violation of probation, and there is nonotice of appeal from the underlying judgment of conviction (see People v Postula, 50 AD3d1581, 1581 [2008], lv denied 10 NY3d 938 [2008]; People v Parente, 4 AD3d793, 793-794 [2004]). Present—Scudder, P.J., Centra, Lindley, Valentino andWhalen, JJ.