PEOPLE v. JONES (2004)

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

The PEOPLE of the State of New York, Respondent, v. Anthony JONES, Appellant.

Decided: July 15, 2004

Before: CARDONA, P.J., CREW III, PETERS, ROSE and LAHTINEN, JJ.

Marcel J. Lajoy, Schenectady, for appellant. Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered January 23, 2002, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

Pursuant to a plea agreement which included a waiver of the right to appeal, defendant pleaded guilty to the crime of burglary in the third degree and was sentenced as a second felony offender to a prison term of 3 1/212 to 7 years. While defendant acknowledges that the waiver of his right to appeal precludes a challenge to the harshness of the sentence imposed (see People v. Lemons, 6 A.D.3d 756, 773 N.Y.S.2d 623 [2004] ), on appeal, he nevertheless contends that the sentence should be reduced in the interest of justice. Notwithstanding defendant's drug addiction, which he claims led to his extensive criminal history, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Kane, 6 A.D.3d 986, 775 N.Y.S.2d 603 [2004] ).

ORDERED that the judgment is affirmed.

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