| People v McKinney |
| 2016 NY Slip Op 05671 [141 AD3d 1031] |
| July 28, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vRyan McKinney, Appellant. |
Teresa C. Mulliken, Harpersfield, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri ofcounsel), for respondent.
Appeal from a judgment of the County Court of Broome County (Lehmann, J.),rendered February 21, 2014, convicting defendant upon his plea of guilty of the crime ofattempted strangulation in the second degree.
As a result of a domestic dispute culminating in a physical altercation with hisparamour, defendant was charged in a superior court information with the crime ofstrangulation in the second degree. Pursuant to a plea agreement, defendant pleadedguilty to attempted strangulation in the second degree, a class E felony. County Courtultimately sentenced defendant, in accordance with the terms of the plea agreement, to afive-year term of probation.
Defendant's sole contention on appeal is that the five-year term of probation is harshand excessive and should be reduced to three years in the interest of justice. We do notagree. "A sentence that falls within the permissible statutory range will not be disturbedunless it can be shown that the sentencing court abused its discretion or extraordinarycircumstances exist warranting a modification" (People v Ramos, 133 AD3d 904, 908 [2015] [internalquotations marks and citations omitted], lv denied 26 NY3d 1149 [2016]; People v Simmons, 122 AD3d1169, 1169 [2014], lv denied 25 NY3d 1171 [2015]). Given defendant'sprior criminal history, within both California and this state, and the fact that the term ofprobation was the length negotiated by the parties and that defendant was already onprobation when he committed the instant offense, we discern no extraordinarycircumstances or an abuse of discretion that would warrant modification of the sentence(see CPL 470.15 [6] [b]; People v Johnson, 182 AD2d 922, 922 [1992],lv denied 80 NY2d 833 [1992]; People v Manners, 54 AD2d 938, 938[1976]).
[*2]McCarthy, J.P., Garry, Lynch, Mulvey andAarons, JJ., concur. Ordered that the judgment is affirmed.