People v Brunker
2018 NY Slip Op 01511 [159 AD3d 1147]
March 8, 2018
Appellate Division, Third Department
As corrected through Wednesday, May 2, 2018


[*1]
 The People of the State of New York, Respondent, v Elvin E.Brunker Jr., Appellant.

Kevin A. Jones, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), forrespondent.

Appeal from a judgment of the County Court of Chemung County (Rich Jr., J.), renderedAugust 15, 2014, convicting defendant upon his plea of guilty of the crime of forgery in thesecond degree.

In satisfaction of a 37-count indictment, defendant pleaded guilty to forgery in the seconddegree. County Court sentenced defendant, in accordance with the plea agreement, to a prisonterm of 2 to 6 years and imposed restitution. Defendant appeals.

We are unpersuaded by defendant's sole contention on appeal that the sentence imposed washarsh and excessive. Given defendant's extensive criminal history spanning 20 years acrossmultiple jurisdictions, we find no abuse of discretion or the existence of any extraordinarycircumstances warranting a reduction of the agreed-upon sentence in the interest of justice (see People v Gillespie, 125 AD3d1017, 1018 [2015]; People vMulligan-Moore, 112 AD3d 1154, 1155 [2013]).

Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.


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