Opinion
2014-07-31
The PEOPLE of the State of New York, Respondent, v. Christopher A. FOMBY, Appellant.
Donna C. Chin, Ithaca, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Donna C. Chin, Ithaca, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered February 4, 2013, which resentenced defendant following his conviction of the crimes of burglary in the second degree and grand larceny in the fourth degree.
Following a jury trial, defendant was convicted of burglary in the second degree and grand larceny in the fourth degree. He was sentenced as a persistent violent felony offender to an aggregate prison term of 20 years to life, to run concurrently to his sentence on another conviction. This Court upheld the judgment of conviction, but remitted the matter for resentencing (101 A.D.3d 1355, 959 N.Y.S.2d 553 [2012] ) because defendant's other conviction was reversed ( People v. Fomby, 103 A.D.3d 28, 956 N.Y.S.2d 633 [2012],lv. denied21 N.Y.3d 1015, 971 N.Y.S.2d 497, 994 N.E.2d 393 [2013] ). Upon remittal, County Court resentenced defendant as a persistent violent felony offender to an aggregate prison term of 18 years to life. Defendant now appeals.
Defendant's sole contention is that the term of imprisonment imposed upon resentencing is harsh and excessive. Based upon our review of the record, we disagree. Defendant has a lengthy criminal record, characterized by numerous burglaries and other theft-related crimes. The minimum prison term required by statute for a persistent violent felony offender convicted of a class B felony is 16 years ( seePenal Law § 70.08[3][b] ). County court duly accounted for the reversal of defendant's other criminal conviction by reducing the minimum prison term from 20 to 18 years. We find no abuse of discretion nor any extraordinary circumstances warranting a further reduction of the sentence in the interest of justice ( see People v. Jackson, 2 A.D.3d 893, 897, 768 N.Y.S.2d 40 [2003],lv. denied1 N.Y.3d 629, 777 N.Y.S.2d 27, 808 N.E.2d 1286 [2004];People v. Colantonio, 277 A.D.2d 498, 501, 715 N.Y.S.2d 764 [2000],lv. denied96 N.Y.2d 781, 725 N.Y.S.2d 645, 749 N.E.2d 214 [2001] ).
ORDERED that the judgment is affirmed. STEIN, J.P., GARRY, EGAN JR., LYNCH and CLARK, JJ., concur.