| People v Pope |
| 2016 NY Slip Op 05282 [141 AD3d 1111] |
| July 1, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Martin O. Pope, Appellant. |
Frank J. Nebush, Jr., Public Defender, Utica (Patrick J. Marthage of counsel), fordefendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.),rendered May 22, 2014. The judgment convicted defendant, upon a jury verdict, ofcriminal contempt in the first degree (two counts) and criminal contempt in the seconddegree (three counts).
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jurytrial of, inter alia, two counts of criminal contempt in the first degree (Penal Law§ 215.51 [b] [iv]). Defendant "failed to preserve for our review [his]contention that County Court, in determining the sentence to be imposed, penalized[him] for exercising [his] right to a jury trial" (People v Garner, 136 AD3d 1374, 1374 [2016], lvdenied — NY3d &mdash, 2016 NY Slip Op 97673[U] [2016]; see People v Coapman, 90AD3d 1681, 1683-1684 [2011], lv denied 18 NY3d 956 [2012]). In anyevent, that contention is without merit. "The mere fact that a sentence imposed after trialis greater than that offered in connection with plea negotiations is not proof thatdefendant was punished for asserting [his] right to trial . . . , and there is noindication in the record before us that the sentencing court acted in a vindictive mannerbased on defendant's exercise of the right to a trial" (Garner, 136 AD3d at1374-1375 [internal quotation marks omitted]). Moreover, "[g]iven that the quid proquo of the bargaining process will almost necessarily involve offers to moderatesentences that ordinarily would be greater, it is also to be anticipated that sentenceshanded out after trial may be more severe than those proposed in connection with a plea"(People v Martinez, 26NY3d 196, 200 [2015] [internal quotation marks omitted]). Finally, the sentence isnot unduly harsh or severe. Present—Smith, J.P., Centra, Carni, Curran andScudder, JJ.