People v. Smith ( 2016 )

State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: January 28, 2016 107132
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
TIGE SMITH JR.,
Appellant.
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Calendar Date: December 8, 2015
Before: Peters, P.J., Garry, Egan Jr. and Lynch, JJ.
__________
Susan Patnode, Rural Law Center of New York, Albany (Kelly
L. Egan of counsel), for appellant.
Alexander Lesyk, Special Prosecutor, Norwood, for
respondent.
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Appeal from a judgment of the County Court of St. Lawrence
County (Richards, J.), rendered August 18, 2014, convicting
defendant upon his plea of guilty of the crime of criminal
possession of a controlled substance in the third degree.
Defendant was sentenced to a prison term of five years and
two years of postrelease supervision following his plea of guilty
to criminal sale of a controlled substance in the third degree.
His sole contention on appeal is that the sentence imposed is
harsh and excessive. We disagree. County Court made no sentence
commitment and imposed a prison term that was less than the
maximum permitted by statute (see Penal Law § 70.70 [2] [a] [i]).
Notably, while this matter was pending, defendant absconded and
was twice arrested and convicted upon a charge of assault in the
third degree. Further, a review of the presentence investigation
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report reflects defendant's extensive drug-related history. We
find no abuse of discretion or extraordinary circumstances
warranting modification of the sentence in the interest of
justice (see People v Lasanta, 89 AD3d 1324 [2011]; People v
Velazquez, 67 AD3d 1124, 1124 [2009], lv denied 14 NY3d 894
[2010]; People v Williams, 65 AD3d 1423, 1424 [2009]).
Peters, P.J., Garry, Egan Jr. and Lynch, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court