| People v Williams |
| 2016 NY Slip Op 05193 [140 AD3d 1535] |
| June 30, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Kevin P. Williams, Appellant. |
Donna C. Chin, Ithaca, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Chemung County (Hayden,J.), rendered December 22, 2014, convicting defendant upon his plea of guilty of thecrime of criminal possession of a weapon in the second degree.
Defendant pleaded guilty to criminal possession of a weapon in the second degree infull satisfaction of a two-count indictment. He was thereafter sentenced, as a secondfelony offender, to six years in prison to be followed by five years of postreleasesupervision. Defendant now appeals.
We affirm. Defendant's contention that he was denied the effective assistance ofcounsel is unpreserved for our review inasmuch as the record does not reflect that hemade an appropriate motion to withdraw his plea or vacate the judgment of conviction(see People v Jenkins, 130AD3d 1091, 1091 [2015]; People v Wilson, 126 AD3d 1143, 1143 [2015], lvdenied 25 NY3d 1078 [2015]). Further, we reject defendant's contention that hissentence is harsh and excessive. Given defendant's criminal history and the fact that thesentence imposed was well below the maximum sentence that defendant could havereceived, we discern no extraordinary circumstances or abuse of discretion warranting amodification of the sentence (see People v Mosley, 87 AD3d 1179, 1179 [2011]; People v McPherson, 76 AD3d1117, 1117 [2010]).
Peters, P.J., Garry, Mulvey and Aarons, JJ., concur. Ordered that the judgment isaffirmed.