| People v Goldwire |
| 2019 NY Slip Op 00503 [168 AD3d 1286] |
| January 24, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Dushon Goldwire, Appellant. |
David M. Abbatoy, Rochester, for appellant.
Martin Smith, Special Prosecutor, Binghamton, for respondent.
Appeal from a judgment of the County Court of Broome County (Northrup Jr., J.), renderedSeptember 29, 2016, convicting defendant upon his plea of guilty of the crime of criminalpossession of a weapon in the second degree.
In satisfaction of an eight-count indictment, defendant pleaded guilty to criminal possessionof a weapon in the second degree. County Court sentenced defendant as a second felony offenderto an agreed-upon prison term of eight years followed by five years of postrelease supervision.Defendant appeals, contending that the sentence is harsh and excessive. We disagree. Givendefendant's extensive criminal history, the advantageous nature of the plea that satisfied amulticount indictment and the fact that defendant consented to the sentence as part of extensiveplea negotiations, we find no abuse of discretion or extraordinary circumstances warranting areduction of the sentence in the interest of justice (see People v Gresham, 163 AD3d 1064, 1065 [2018]; People v Lemon, 137 AD3d 1422,1423 [2016], lv denied 27 NY3d 1135 [2016]).
Lynch, J.P., Clark, Aarons, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.