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The People of the State of New York v. Edward O'dell

State of New York Supreme Court, Appellate Division Third Judicial Department


January 5, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
EDWARD O'DELL, APPELLANT.

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).

The opinion of the court was delivered by: Garry, J.

Calendar Date: November 21, 2011

Before: Peters, J.P., Rose, McCarthy, Garry and Egan Jr., JJ.

MEMORANDUM AND ORDER

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 AD3d 1459, 1459 [2010], lv denied 16 NY3d 798 [2011]).

Peters, J.P., Rose, McCarthy and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120105

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