| People v Gresham |
| 2018 NY Slip Op 04986 [163 AD3d 1064] |
| July 5, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Jovan T. Gresham, Appellant. |
Samantha E. Koolen, Albany, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.), renderedOctober 4, 2017, convicting defendant upon his plea of guilty of the crime of criminal possessionof a weapon in the second degree (two counts).
Following three separate incidents in 2010 and 2011, defendant was charged in aneight-count indictment with attempted murder in the second degree, assault in the first degree andsix counts of criminal possession of a weapon in the second degree. In full satisfaction of theindictment, defendant pleaded guilty to two counts of criminal possession of a weapon in thesecond degree, and was thereafter sentenced, in accordance with the negotiated plea agreement,to concurrent prison terms of eight years, to be followed by five years of postrelease supervision.Defendant appeals.
Defendant's sole claim on appeal is that his sentence is harsh and excessive. We disagree.Defendant was permitted to plea to just two of eight counts in the indictment, all charging violentfelonies, and was given a sentence significantly less than the maximum allowable sentence(see Penal Law § 70.02 [3] [b]). Given the severity of the charges and thefavorable disposition of the indictment, as well as defendant's agreement to the eight-yearsentence as part of the negotiated plea agreement, we find no abuse of discretion or extraordinarycircumstances warranting a reduction of the sentence in the interest of justice (see People v Nevins, 161 AD3d1393, 1394 [2018]; People vBrodhead, 106 AD3d 1337, 1337 [2013], lv denied 22 NY3d 1087 [2014]).Finally, we note that the certificate of conviction incorrectly reflects that defendant wassentenced to concurrent prison terms of 3
Egan Jr., J.P., Clark, Mulvey, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed, and matter remitted for entry of an amended certificate of conviction.