| People v Zavaro |
| 2017 NY Slip Op 01914 [148 AD3d 1358] |
| March 16, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v FrancisJoseph Zavaro, Appellant. |
Cheryl L. Sovern, Clifton Park, for appellant.
Kathleen B. Hogan, District Attorney, Lake George, for respondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered July 19, 2013, convicting defendant upon his plea of guilty of the crime of attemptedmurder in the second degree.
In 1985, defendant was convicted of murder in the second degree and robbery in the firstdegree in connection with the brutal beating and stabbing death of an intoxicated man fromwhom he stole $13. Following his conviction, he was sentenced to a maximum of 25 years to lifein prison. While incarcerated at Great Meadow Correctional Facility, defendant became angry athis cellmate because the cellmate did not disclose his prior rape conviction, and defendant feltthat the cellmate was making sexual advances toward him. Defendant initiated a physicalaltercation during which he knocked the cellmate to the floor, bound his hands behind his backand, while straddling the cellmate's back, cut his face and neck with a razor blade, inflictingsignificant wounds, before alerting correction officers. As a result of this incident, defendant wascharged with a number of crimes and ultimately pleaded guilty to attempted murder in the seconddegree. In accordance with the terms of the plea agreement, he was sentenced as a second violentfelony offender to 16 years in prison, to be followed by five years of postrelease supervision,which sentence was to run consecutively to his underlying sentence. He now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We disagree.Defendant has a history of violent and disturbing criminal behavior, and his callous disregard forhuman life is evidenced by his conduct and the statements he made after he attacked his cellmate.In view of this, and given that defendant agreed to the sentence as part of the plea agreement, wefind no extraordinary circumstances or any abuse of discretion warranting a reduction of the[*2]sentence in the interest of justice (see People v Townsend, 144 AD3d1196, 1197 [2016]; People vMartin, 136 AD3d 1218, 1220 [2016], lv denied 28 NY3d 972 [2016]).
Egan Jr., J.P., Lynch, Rose, Clark and Mulvey, JJ., concur. Ordered that the judgment isaffirmed.