Opinion
2012-09-20
The PEOPLE of the State of New York, Respondent, v. Michael D. FIELDEN, Appellant.
Robert A. Gouldin, Oneonta, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Sophie A. Jensen of counsel), for respondent.
Robert A. Gouldin, Oneonta, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Sophie A. Jensen of counsel), for respondent.
Before: PETERS, P.J., MERCURE, ROSE, KAVANAGH and STEIN, JJ.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 24, 2011, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.
Defendant waived indictment and was charged by a superior court information with one count of criminal contempt in the first degree alleging that he violated an order of protection. He thereafter pleaded guilty to the charge and was sentenced to a prison term of 1 to 3 years. This appeal followed.
Defendant's sole contention is that his sentence is harsh and excessive. We do not agree. Defendant's criminal record demonstrates a pattern of violating orders of protection issued in favor of the victim. Under the circumstances, “we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice” ( People v. Herring, 74 A.D.3d 1579, 1580, 903 N.Y.S.2d 595 [2010];see People v. Elder, 89 A.D.3d 1278, 1279, 932 N.Y.S.2d 734 [2011],lv. denied18 N.Y.3d 923, 942 N.Y.S.2d 462, 965 N.E.2d 964 [2012] ).
ORDERED that the judgment is affirmed.