PEOPLE v. SPENCER (1998)

Supreme Court, Appellate Division, Third Department, New York.

The PEOPLE of the State of New York, Respondent, v. James J. SPENCER, Appellant.

Decided: December 10, 1998

Before: CARDONA, P.J., MIKOLL, MERCURE, CREW and YESAWICH, JJ.

Robert M. O'Leary, Public Defender (William L. Brown of counsel), Binghamton, for appellant. Gerald F. Mollen, District Attorney (Joann Rose Parry of counsel), Binghamton, for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 11, 1997, convicting defendant upon his plea of guilty of the crime of burglary in the first degree.

Defendant pleaded guilty to the crime of burglary in the first degree and, pursuant to an agreement, was sentenced as a second felony offender to a determinate term of 10 years in prison (see, Penal Law § 70.06[6][a] ). On this appeal, defendant argues that this sentence was harsh and excessive. We disagree. We find no reason to disturb the negotiated sentence given the nature of defendant's conduct, his extensive criminal history and the fact that the sentence imposed is less than the harshest sentence he could have received (see, People v. Appollonia, 247 A.D.2d 770, 668 N.Y.S.2d 515, lv. denied 92 N.Y.2d 847, 677 N.Y.S.2d 77, 699 N.E.2d 437).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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