People v. Appleby

Appeal from a judgment of the County Court of

Defendant pleaded guilty to a single-count indictment charging him with leaving the scene of an accident without reporting, which resulted in the death of a bicyclist, and was sentenced to the agreed-upon prison term of 1 to 3 years. Defendant now appeals, contending only that the sentence imposed was harsh and excessive.

“Absent an abuse of discretion or extraordinary circumstances warranting a reduction of the sentence imposed, a sentence that falls within the permissible statutory range will not be disturbed” (People v Hanrahan, 9 AD3d 689 [2004] [citations omitted]; see People v Kennedy, 46 AD3d 1099 , 1101 [2007], lv denied 10 NY3d 841 [2008]; People v Brown, 46 AD3d 949 , 952 [2007], lv denied 10 NY3d 808 [2008]). Here, the sentence imposed was within the permissible statutory range for a class D nonviolent felony (see Penal Law § 70.00 [2] [d]; [3] [b] [2⅓ to 7 years]) and, contrary to defendant’s assertion, it is apparent that the sentencing court took into consideration defendant’s family circumstances in pronouncing sentence. Upon our review of the record as a whole, we cannot say that County Court abused its discretion in this regard or that defendant otherwise demonstrated the existence of extraordinary circumstances warranting a reduction of his sentence in the interest of justice. Accordingly, the judgment is affirmed.

Mercure, J.E, Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.