Opinion
108963
01-24-2019
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.
David M. Abbatoy, Rochester, for appellant.
Martin Smith, Special Prosecutor, Binghamton, for respondent.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Broome County (Northrup Jr., J.), rendered September 29, 2016, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
In satisfaction of an eight-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree. County Court sentenced defendant as a second felony offender to 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. Given defendant's extensive criminal history, the advantageous nature of the plea that satisfied a multicount indictment and the fact that defendant consented to the sentence as part of extensive plea negotiations, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Gresham, 163 A.D.3d 1064, 1065, 76 N.Y.S.3d 432 [2018] ; People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv denied 27 N.Y.3d 1135, 39 N.Y.S.3d 116, 61 N.E.3d 515 [2016] ).ORDERED that the judgment is affirmed.
Lynch, J.P., Clark, Aarons, Rumsey and Pritzker, JJ., concur.