PEOPLE v. DeFAYETTE (2006)

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered April 12, 2005, which resentenced defendant following his conviction of the crime of reckless endangerment in the first degree.

Defendant was convicted after a jury trial of reckless endangerment in the first degree and was sentenced as a second felony offender to 3 1/212 to 7 years in prison.   On appeal, this Court ruled that defendant should not have been sentenced as a second felony offender because no second felony offender statement was filed by the People prior to sentencing (16 A.D.3d 708, 790 N.Y.S.2d 301 [2005], lv. denied 4 N.Y.3d 885, 798 N.Y.S.2d 730, 831 N.E.2d 975 [2005] ).   Consequently, the sentence was vacated and the matter remitted to County Court for resentencing (id.).   After the People properly filed a second felony offender statement pursuant to CPL 400.21, County Court resentenced defendant as a second felony offender to 3 1/212 to 7 years in prison.

Defendant's sole argument on appeal is that the sentence is harsh and excessive.   Based upon our review of the record, we disagree.   Defendant has an extensive criminal record spanning over 30 years as well as a serious alcohol problem for which treatment has been unsuccessful.   His recent criminal conduct has been characterized by domestic violence and his most recent conviction was for a crime involving a violent attack upon his paramour that caused her physical injury.   In view of this, County Court was fully justified in imposing the maximum sentence (see People v. Wade, 16 A.D.3d 1170, 1171, 790 N.Y.S.2d 794 [2005], lv. denied 5 N.Y.3d 795, 801 N.Y.S.2d 816, 835 N.E.2d 676 [2005] ), and we do not find that extraordinary circumstances exist warranting a reduction of the sentence in the interest of justice (see People v. Gray, 13 A.D.3d 907, 907-908, 787 N.Y.S.2d 416 [2004];  People v. Vreeken, 252 A.D.2d 683, 675 N.Y.S.2d 916 [1998], lv. denied 92 N.Y.2d 907, 680 N.Y.S.2d 72, 702 N.E.2d 857 [1998];  see also People v. Tunstall, 197 A.D.2d 791, 793, 603 N.Y.S.2d 86 [1993], lv. denied 83 N.Y.2d 811, 611 N.Y.S.2d 147, 633 N.E.2d 502 [1994] ).

ORDERED that the judgment is affirmed.