Opinion
109580
01-31-2019
The PEOPLE of the State of New York, Respondent, v. Brandon J. CHASE, Appellant.
G. Scott Walling, Slingerlands, for appellant. Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
G. Scott Walling, Slingerlands, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Broome County (Dooley, J.), rendered May 5, 2017, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.
Defendant waived indictment and pleaded guilty to attempted robbery in the second degree as charged in a superior court information. Consistent with the terms of the plea agreement, County Court sentenced defendant to a prison term of two years, followed by two years of postrelease supervision. Defendant appeals.Defendant contends that, given his limited role in the commission of the crime, his untreated substance abuse issues and the lenient sentence received by his accomplice in the commission of the crime, the sentence is harsh and excessive. We disagree. Upon our review of the record, including the information contained in the presentence report, we find no abuse of discretion by County Court or extraordinary circumstances that warrant a reduction of the agreed-upon sentence in the interest of justice (see People v. Callender, 164 A.D.3d 962, 963, 77 N.Y.S.3d 911 [2018] ; People v. Sindoni, 158 A.D.3d 899, 899, 67 N.Y.S.3d 865 [2018], lv denied 31 N.Y.3d 1017, 78 N.Y.S.3d 287, 102 N.E.3d 1068 [2018] ; People v. Gillespie, 19 A.D.3d 878, 878, 796 N.Y.S.2d 760 [2005] ).
ORDERED that the judgment is affirmed.
Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.