From Casetext: Smarter Legal Research

People v. Brunker

Supreme Court, Appellate Division, Third Department, New York.
Mar 8, 2018
159 A.D.3d 1147 (N.Y. App. Div. 2018)

Opinion

108174

03-08-2018

The PEOPLE of the State of New York, Respondent, v. Elvin E. BRUNKER Jr., Appellant.

Kevin A. Jones, Ithaca, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), for respondent.


Kevin A. Jones, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Sophie J. Marmor of counsel), for respondent.

Before: Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Chemung County (Rich Jr., J.), rendered August 15, 2014, convicting defendant upon his plea of guilty of the crime of forgery in the second degree.

In satisfaction of a 37–count indictment, defendant pleaded guilty to forgery in the second degree. County Court sentenced defendant, in accordance with the plea agreement, to a prison term of 2 to 6 years and imposed restitution. Defendant appeals.

We are unpersuaded by defendant's sole contention on appeal that the sentence imposed was harsh and excessive. Given defendant's extensive criminal history spanning 20 years across multiple jurisdictions, we find no abuse of discretion or the existence of any extraordinary circumstances warranting a reduction of the agreed-upon sentence in the interest of justice (see People v. Gillespie, 125 A.D.3d 1017, 1018, 3 N.Y.S.3d 170 [2015] ; People v. Mulligan–Moore, 112 A.D.3d 1154, 1155, 976 N.Y.S.2d 734 [2013] ).

ORDERED that the judgment is affirmed.

Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ., concur.


Summaries of

People v. Brunker

Supreme Court, Appellate Division, Third Department, New York.
Mar 8, 2018
159 A.D.3d 1147 (N.Y. App. Div. 2018)
Case details for

People v. Brunker

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Elvin E. BRUNKER Jr.…

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

Date published: Mar 8, 2018

Citations

159 A.D.3d 1147 (N.Y. App. Div. 2018)
70 N.Y.S.3d 90
2018 N.Y. Slip Op. 1511

Citing Cases

People v. Rumola

The record reflects that, in imposing sentence, County Court considered defendant's substance abuse history,…