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People v. Rumola

Appellate Division of the Supreme Court of the State of New York, Third Department
Sep 20, 2018
164 A.D.3d 1550 (N.Y. App. Div. 2018)

Opinion

109350

09-20-2018

The PEOPLE of the State of New York, Respondent, v. Lawrence W. RUMOLA, 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 ORDER

Appeal from a judgment of the County Court of Broome County (Dooley, J.), rendered April 7, 2017, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree (two counts) and grand larceny in the fourth degree (two counts).

Defendant and a codefendant were indicted and charged with burglary in the third degree (two counts) and grand larceny in the fourth degree (two counts). Defendant thereafter pleaded guilty as charged, with the understanding that the plea would also be in satisfaction of 15 uncharged burglaries and without any promise being made as to the sentence. County Court sentenced defendant to an aggregate prison term of 3 to 9 years. Defendant now appeals.

Defendant's sole contention on appeal is that his sentence is harsh and excessive. We disagree. The record reflects that, in imposing sentence, County Court considered defendant's substance abuse history, as well as his criminal history that spans nearly 20 years in multiple jurisdictions and includes other burglary convictions, and the fact that the plea satisfied numerous other uncharged crimes. On the record before us, we discern no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Brunker, 159 A.D.3d 1147, 1148, 70 N.Y.S.3d 90 [2018] ; People v. Best, 158 A.D.3d 989, 990, 69 N.Y.S.3d 515 [2018] ; People v. Hope, 274 A.D.2d 673, 674, 711 N.Y.S.2d 796 [2000], lv denied 95 N.Y.2d 890, 715 N.Y.S.2d 382, 738 N.E.2d 786 [2000] ).

ORDERED that the judgment is affirmed.

Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.


Summaries of

People v. Rumola

Appellate Division of the Supreme Court of the State of New York, Third Department
Sep 20, 2018
164 A.D.3d 1550 (N.Y. App. Div. 2018)
Case details for

People v. Rumola

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE W. RUMOLA…

Court:Appellate Division of the Supreme Court of the State of New York, Third Department

Date published: Sep 20, 2018

Citations

164 A.D.3d 1550 (N.Y. App. Div. 2018)
164 A.D.3d 1550
2018 N.Y. Slip Op. 6159

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