Opinion
June 17, 1999
Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered March 2, 1998, convicting defendant upon his plea of guilty of the crime of murder in the second degree.
Charles E. Inman, Public Defender (Kevin M. Colwell of counsel), Hudson, for appellant.
Beth G. Cozzolino, District Attorney (Kenneth L. Golden of counsel), Hudson, for respondent.
Before: CARDONA, P.J., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Charged with the stabbing death of his wife, defendant pleaded guilty to one count of murder in the second degree and was sentenced to a term of 25 years to life in prison. Defendant was also directed to pay $5,800 in restitution to the victim's brother to reimburse him for the cost of her funeral. Defendant's sole contention on appeal is that this sentence was harsh and excessive due to the fact that he has no prior criminal record.
We affirm. A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685 N.Y.S.2d 485, lv denied 93 N.Y.2d 872 [Mar. 19, 1999]; see also,People v. Dilone, 261 A.D.2d 650 [May 6, 1999]). Here, given the brutal and senseless nature of the crime as revealed in the record, we find no extraordinary circumstances or any other reason to modify the sentence imposed which was the harshest permitted by statute, in the interest of justice (see, id.).
ORDERED that the judgment is affirmed.