People v Ruise
Appellate Division, Third Department, New York
September 24, 2015
2015 NY Slip Op 06937 [131 AD3d 1328]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 4, 2015
Michael P. Graven, Owego, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered February 3, 2014, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender, in accordance with the plea agreement, to a prison term of three years, followed by two years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh and excessive, particularly given his mental health issues. We disagree. Noting defendant‘s criminal history and the favorable plea resolution, we find no abuse of discretion by County Court nor any extraordinary circumstances warranting a modification of the bargained-for sentence (see People v Nixon, 98 AD3d 1169, 1169 [2012]; People v Ross, 45 AD3d 897, 897 [2007]).
Peters, P.J., Rose, Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed.