PEOPLE v. COLEMAN

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

The PEOPLE of the State of New York, Respondent, v. Rodney A. COLEMAN, Appellant.

Decided: January 28, 1999

Before:  CARDONA, P.J., CREW, III, YESAWICH, Jr., CARPINELLO and GRAFFEO, JJ. Joseph J. Balok Jr., Public Defender (Nancy M. Eraca-Cornish of counsel), Elmira, for appellant. James T. Hayden, District Attorney, Elmira, for respondent.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered June 28, 1996, upon a verdict convicting defendant of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree.

Convicted after a jury trial of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree, defendant was sentenced to concurrent prison terms of 121/212 to 25 years, 71/212 to 15 years and 31/212 to 7 years, respectively.   Defendant contends on appeal that imposing the most severe sentences permitted by statute is harsh and excessive.   We disagree.   Given the violent nature of the crimes perpetrated upon the victim in her own home and the absence of mitigating factors, we find no extraordinary circumstances warranting a reduction of the sentences imposed (see, e.g., People v. Morgan, 253 A.D.2d 946, 680 N.Y.S.2d 120, lv. denied 92 N.Y.2d 950, 681 N.Y.S.2d 481, 704 N.E.2d 234;  People v. Mitchell, 248 A.D.2d 763, 669 N.Y.S.2d 959, lv. denied 91 N.Y.2d 1010, 676 N.Y.S.2d 138, 698 N.E.2d 967), notwithstanding the fact that defendant was offered a lesser sentence in a proposed pretrial plea agreement.

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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