| People v Hatcher |
| 2019 NY Slip Op 00638 [168 AD3d 1313] |
| January 31, 2019 |
| Appellate Division, Third Department |
[*1](January 31, 2019)
| The People of the State of New York,Respondent, v Jayvel Hatcher, Also Known as Jemal Jones,Appellant. |
Michael P. Graven, Owego, 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.), renderedNovember 9, 2015, convicting defendant upon his plea of guilty of the crimes of robbery in thefirst degree, criminal possession of a weapon in the second degree and reckless endangerment inthe first degree.
Defendant pleaded guilty to robbery in the first degree, criminal possession of a weapon inthe second degree and reckless endangerment in the first degree as charged in a superior courtinformation. County Court sentenced defendant in accordance with the plea agreement toconcurrent prison terms that resulted in an aggregate maximum of 10 years, followed by fiveyears of postrelease supervision. Defendant appeals, contending that the sentence is harsh andexcessive when considering his medical and mental health issues. We disagree. The sentence,which is within the statutory range (see Penal Law §§ 70.00 [2] [d]; [3][b]; 70.02 [1] [a]; [3] [a], [b]), is consistent with the terms of the plea agreement, and our reviewof the record does not disclose any abuse of discretion or extraordinary circumstances warrantinga reduction of the sentence in the interest of justice (see People v French, 134 AD3d 1245, 1246 [2015]; People v Kerwin, 117 AD3d 1097,1098 [2014]).
Egan Jr., J.P., Lynch, Clark, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.