Opinion
2011-11-17
The PEOPLE of the State of New York, Respondent,v.Kevin ELDER, Appellant.
Andrew Kossover, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant.D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 21, 2010, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.
Defendant pleaded guilty to criminal contempt in the first degree after he violated an order of protection requiring him to stay away from a former girlfriend. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to 2 to 4 years in prison. He was sentenced accordingly and he now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant has an extensive criminal record that includes numerous parole violations. He has exhibited a complete disregard for the order of protection, and personnel at the Crime Victims Assistance Program have reported that he has “severely traumatized” his former girlfriend. In view of this, and given that defendant agreed to the sentence as part of the plea agreement, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice ( see People v. Mason, 2 A.D.3d 1207, 1207–1208, 768 N.Y.S.2d 843 [2003]; see also People v. Fletcher, 309 A.D.2d 1085, 1086, 766 N.Y.S.2d 232 [2003], lv. denied 1 N.Y.3d 571, 775 N.Y.S.2d 788, 807 N.E.2d 901 [2003] ).
ORDERED that the judgment is affirmed.
MERCURE, J.P., LAHTINEN, MALONE JR., GARRY and EGAN JR., JJ., concur.