Opinion
109497
11-07-2019
The PEOPLE of the State of New York, Respondent, v. Kevin SHOOK, Appellant.
James R. McGinn, Delmar, for appellant. Paul Czajka, District Attorney, Hudson (Trevor O. Flike of counsel), for respondent.
James R. McGinn, Delmar, for appellant.
Paul Czajka, District Attorney, Hudson (Trevor O. Flike of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Mulvey and Devine, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered February 17, 2017, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Defendant, with no commitment as to sentencing, pleaded guilty to a single-count indictment charging him with burglary in the third degree and purportedly waived his right to appeal except the right to challenge the sentence imposed. County Court sentenced defendant, as a second felony offender, to a prison term of 3 to 6 years. Defendant appeals.
Defendant's sole contention on appeal is that the sentence imposed was harsh and excessive. Based upon our review of the record, we disagree. "A sentence that falls within the permissible statutory range will not be disturbed unless it can be shown that the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification" ( People v. Sindoni, 175 A.D.3d 750, 750, 106 N.Y.S.3d 431 [2019] [internal quotation marks and citation omitted] ). The record reflects that County Court considered appropriate factors, including defendant's extensive criminal history, in imposing the statutorily-permissible sentence (see Penal Law § 70.06[3][d] ; [4][b] ). Although the minimum sentence was not imposed, we find no abuse of the court's discretion or extraordinary circumstances warranting a reduction in the sentence in the interest of justice (see People v. Rumola, 164 A.D.3d 1550, 1551, 81 N.Y.S.3d 777 [2018] ; People v. Torres, 81 A.D.3d 995, 995, 917 N.Y.S.2d 588 [2011] ).
Egan Jr., J.P., Lynch, Mulvey and Devine, JJ., concur.
ORDERED that the judgment is affirmed.