Opinion
2012-01-5
The PEOPLE of the State of New York, Respondent, v. Edward O'DELL, Appellant.
Andrew H. Wood, Albany, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Andrew H. Wood, Albany, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: PETERS, J.P., ROSE, McCARTHY, GARRY and EGAN JR., JJ.
GARRY, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered May 11, 2010, convicting defendant upon his plea of guilty of the crime of course of sexual conduct against a child in the second degree (two counts).
Defendant was charged in an indictment with four counts of course of sexual conduct against a child in the second degree. Pursuant to a plea agreement, defendant pleaded guilty to two counts of that crime and was thereafter sentenced to two consecutive prison terms of five years, to be followed by 10 years of postrelease supervision. Defendant now appeals.
We affirm. Initially, we agree with defendant that he did not waive his right to appeal as part of his plea agreement. Turning to his claim that his sentence is harsh and excessive, we find it to be unpersuasive. In light of the seriousness of defendant's crimes and the fact that the sentence was agreed to as part of the plea agreement, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v. Hilder, 79 A.D.3d 1459, 1459, 912 N.Y.S.2d 458 [2010], lv. denied 16 N.Y.3d 798, 919 N.Y.S.2d 514, 944 N.E.2d 1154 [2011] ).
ORDERED that the judgment is affirmed.