| People v Clark |
| 2018 NY Slip Op 01512 [159 AD3d 1148] |
| March 8, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v TerrellClark, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered February 19, 2016, convicting defendant upon his plea of guilty of the crime ofattempted assault in the second degree.
While he was incarcerated, defendant engaged in a physical altercation with a correctionofficer and, as a result, was charged in an indictment with two counts of assault in the seconddegree. He pleaded guilty to attempted assault in the second degree in satisfaction thereof. Inaccordance with the terms of the plea agreement, defendant was sentenced as a second felonyoffender to 2 to 4 years in prison, to run consecutively to the sentence that he was then serving.He now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We disagree.Defendant has a lengthy criminal record and consented to the sentence as part of the negotiatedplea agreement. In addition, the underlying facts reveal that defendant—while incarceratedat a state correctional facility—initiated a violent physical attack upon a correction officer.In view of this, we find no extraordinary circumstances or any abuse of discretion warranting areduction of the sentence in the interest of justice (see People v Pellechia, 85 AD3d 1494, 1494 [2011]; People vSmith, 276 AD2d 833, 833 [2000]; People v Biggs, 268 AD2d 800, 800 [2000]).
Egan Jr., J.P., Lynch, Clark, Mulvey and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.