Calendar Date: April 3, 2018Before: Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ.__________Rural Law Center of New York, Castleton (Kelly L. Egan ofcounsel), for appellant.Jason M. Carusone, District Attorney, Lake George (RebeccaNealon of counsel), for respondent.__________Appeal from a judgment of the County Court of Warren County(Hall Jr., J.), rendered September 7, 2016, convicting defendantupon his plea of guilty of the crimes of burglary in the seconddegree (three counts), burglary in the third degree (threecounts), criminal mischief in the second degree, criminalmischief in the third degree, criminal mischief in the fourthdegree, assault in the second degree, criminal possession of aweapon in the second degree and criminal possession of a firearm(two counts).On March 18, 2016, defendant unlawfully entered an unlockedoffice building, wherein he caused property damage to severalbusinesses and, among other things, stole two loaded pistols.Defendant fired one round from one of the pistols and pointed apistol in the direction of the building owner’s son whenconfronted by him. Following a police chase, defendant wasultimately apprehended and charged with various crimes in a 13-count indictment. Defendant thereafter agreed to plead guilty toall 13 counts in exchange for, among other things, an aggregateprison sentence ranging from 6 up to 11 years. Consistent withthe terms of the plea agreement, County Court sentenceddefendant, as a second felony offender, to an aggregate prisonterm of 11 years, to be followed by five years of postreleasesupervision.Defendant’s sole claim on appeal is that his sentence isharsh and excessive given, among other things, his young age andsubstance abuse at the time that he committed the underlyingcrimes. Based upon the facts presented, we disagree. Defendantis a second felony offender, and the underlying charges revealthat he unlawfully entered several businesses, wherein he causedsignificant property damage and stole two loaded firearms, one ofwhich he displayed to another individual and, at some point,fired in the direction of other occupied buildings. The recordalso indicates that, while incarcerated prior to sentencing,defendant had received 64 disciplinary reports and had made athreatening violent remark about the prosecutor. In view ofdefendant’s recidivism and the violent nature of his actions, andgiven that defendant agreed to the sentence as part of the pleaagreement, we find no extraordinary circumstances or abuse ofdiscretion warranting a reduction of the sentence in the interestof justice (see People v Zaorski, 158 AD3d 853, 854 [2018];People v Thompson, 157 AD3d 1141, 1142 [2018]; People v Brabham,126 AD3d 1040, 1044 [2015], lvs denied 25 NY3d 1160, 1171[2015]).Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ.,concur.ORDERED that the judgment is affirmed.ENTER:Robert D. MaybergerClerk of the Court
