Opinion
109750
08-01-2019
The PEOPLE of the State of New York, Respondent, v. Joseph G. SINDONI Jr., Appellant.
John R. Trice, Elmira, for appellant. Kirk O. Martin, District Attorney, Owego (Sandra L. Cardone of counsel), for respondent.
John R. Trice, Elmira, for appellant.
Kirk O. Martin, District Attorney, Owego (Sandra L. Cardone of counsel), for respondent.
Before: Garry, P.J., Clark, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER In satisfaction of two indictments, defendant pleaded guilty to five counts of burglary in the second degree, attempted burglary in the second degree and grand larceny in the fourth degree. Consistent with the terms of the plea agreement, County Court sentenced defendant, a second violent felony offender, to an aggregate prison term of 15 years, followed by five years of postrelease supervision, on the burglary and attempted burglary convictions, and a consecutive prison term of 1½ to 3 years on the conviction of grand larceny in the fourth degree, all of which were to run concurrently with a previously imposed sentence. Defendant's sole contention on appeal is that the sentence was harsh and excessive given his long-term addiction to drugs and the fact that no physical harm occurred in the course of his criminal activity. Notwithstanding these factors, we disagree. "A sentence that falls within the permissible statutory range will not be disturbed unless it can be shown that the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification" ( People v. Stone, 164 A.D.3d 1577, 1578, 84 N.Y.S.3d 597 [2018] [internal quotation marks and citation omitted] ). County Court considered appropriate factors in imposing the statutorily-permissible sentence, including defendant's criminal history. Upon review of the record, we discern no abuse of discretion or extraordinary circumstances warranting a reduction of the agreed sentence in the interest of justice (see People v. Nevins, 161 A.D.3d 1393, 1394, 77 N.Y.S.3d 574 [2018], lv denied 32 N.Y.3d 939, 84 N.Y.S.3d 866, 109 N.E.3d 1166 [2018] ; People v. Garner, 40 A.D.3d 1210, 1210, 836 N.Y.S.2d 317 [2007] ).
Garry, P.J., Clark, Mulvey, Aarons and Rumsey, JJ., concur.
ORDERED that the judgment is affirmed.