| People v Nevins |
| 2018 NY Slip Op 03570 [161 AD3d 1393] |
| May 17, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Nathan Nevins, Appellant. |
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Jason M. Carusone, District Attorney, Lake George (Rebecca Nealon of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), renderedSeptember 7, 2016, convicting defendant upon his plea of guilty of the crimes of burglary in thesecond degree (three counts), burglary in the third degree (three counts), criminal mischief in thesecond degree, criminal mischief in the third degree, criminal mischief in the fourth degree,assault in the second degree, criminal possession of a weapon in the second degree and criminalpossession of a firearm (two counts).
On March 18, 2016, defendant unlawfully entered an unlocked office building, wherein hecaused property damage to several businesses and, among other things, stole two loaded pistols.Defendant fired one round from one of the pistols and pointed a pistol in the direction of thebuilding owner's son when confronted by him. Following a police chase, defendant wasultimately apprehended and charged with various crimes in a 13-count indictment. Defendantthereafter agreed to plead guilty to all 13 counts in exchange for, among other things, anaggregate prison sentence ranging from 6 up to 11 years. Consistent with the terms of the pleaagreement, County Court sentenced defendant, as a second felony offender, to an aggregateprison term of 11 years, to be followed by five years of postrelease supervision.
Defendant's sole claim on appeal is that his sentence is harsh and excessive given, amongother things, his young age and substance abuse at the time that he committed the underlyingcrimes. Based upon the facts presented, we disagree. Defendant is a second felony offender, andthe underlying charges reveal that he unlawfully entered several businesses, wherein he causedsignificant property damage and stole two loaded firearms, one of which he [*2]displayed to another individual and, at some point, fired in thedirection of other occupied buildings. The record also indicates that, while incarcerated prior tosentencing, defendant had received 64 disciplinary reports and had made a threatening violentremark about the prosecutor. In view of defendant's recidivism and the violent nature of hisactions, and given that defendant agreed to the sentence as part of the plea agreement, we find noextraordinary circumstances or abuse of discretion warranting a reduction of the sentence in theinterest of justice (see People vZaorski, 158 AD3d 853, 854 [2018]; People v Thompson, 157 AD3d 1141, 1142 [2018]; People v Brabham, 126 AD3d1040, 1044 [2015], lv denied 25 NY3d 1160 [2015]).
Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.