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PEOPLE v. HAMM

Appellate Division of the Supreme Court of New York, Third Department.
Nov 1, 2007

Defendant waived indictment and pleaded guilty to a superior court information charging him with burglary in the third degree in exchange for the People's promise to recommend a sentence of 2 to 4 years in prison. He was thereafter sentenced as a second felony offender to a prison term of 2 to 4 years. Defendant now appeals, arguing that his sentence was harsh and excessive. Finding neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the bargained-for sentence in the interest of justice ( see People v Martinez, 40 AD3d 1309, 1310; People v Qasem, 39 AD3d 960, 961), we disagree and affirm.

Ordered that the judgment is affirmed.