| People v Zaorski |
| 2018 NY Slip Op 00578 [158 AD3d 853] |
| February 1, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Christopher Zaorski, Appellant. |
David E. Woodin, Catskill, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J), rendered March19, 2015, which resentenced defendant upon his conviction of the crimes of burglary in the firstdegree and assault in the second degree.
After breaking into a residence, defendant was confronted by a neighbor and a physicalaltercation ensued during which the neighbor was seriously injured. As a result of this incident,defendant was charged in an indictment with multiple crimes, and he pleaded guilty to burglaryin the first degree and assault in the second degree in satisfaction thereof. Under the terms of theplea agreement, he was to be sentenced as a second felony offender to an aggregate prison termof 15 years to be followed by five years of postrelease supervision. Defendant moved towithdraw his guilty plea prior to sentencing, but the motion was denied. He was subsequentlysentenced in accordance with the terms of the plea agreement.
Thereafter, the case was remitted to County Court as a result of this Court's ruling thatdefendant should have been assigned new counsel with respect to his motion to withdraw hisguilty plea (111 AD3d 1054, 1055 [2013]). Upon remittal, County Court again denieddefendant's motion and resentenced him to an aggregate term of 15 years in prison to be followedby five years of postrelease supervision, as originally agreed. Defendant now appeals.
Defendant's sole contention is that the resentence is harsh and excessive. We disagree.Defendant has a lengthy criminal record that includes four prior burglary convictions, one thatwas committed while he was on parole. Significantly, the neighbor sustained serious injuries[*2]during the attack, requiring 13 staples and eight stitches toclose cuts to his head and scalp. Given defendant's criminal past and his violent conduct, we findno extraordinary circumstances or any abuse of discretion warranting a reduction of theresentence in the interest of justice (seePeople v Brabham, 126 AD3d 1040, 1044 [2015], lv denied 25 NY3d 1160[2015]; see also People v Neer, 136 AD2d 801, 802-803 [1988]).
Garry, P.J., Egan Jr., Lynch, Mulvey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.