Opinion
108162
02-22-2018
The PEOPLE of the State of New York, Respondent, v. Kwesi D. BEST, Appellant.
Pamela B. Bleiwas, Ithaca, for appellant. Stephen K. Cornwell Jr., District Attorney, Binghamton (Mariah Foster, Law Intern), for respondent.
Pamela B. Bleiwas, Ithaca, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Mariah Foster, Law Intern), for respondent.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 2, 2015, convicting defendant upon his plea of guilty of the crimes of assault in the first degree and attempted assault in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to assault in the first degree and attempted assault in the second degree stemming from his attack on two random individuals with a blade. Defendant was sentenced to consecutive prison terms of eight years on the first degree assault conviction and 1 to 3 years on the attempted assault conviction, followed by five years of postrelease supervision. Defendant appeals.
We are unpersuaded by defendant's contention that extraordinary circumstances exist that render the sentences imposed harsh and excessive. The record reflects that in imposing the sentences, County Court considered defendant's mental health issues and substance abuse history, as well as his expressed remorse for his conduct (see People v. White, 104 A.D.3d 1056, 1057, 961 N.Y.S.2d 603 [2013], lvs denied 21 N.Y.3d 1018, 1021, 971 N.Y.S.2d 500, 994 N.E.2d 396 [2013] ; People v. Duffy, 38 A.D.3d 1060, 1060, 830 N.Y.S.2d 678 [2007] ).
ORDERED that the judgment is affirmed.
Lynch, J.P., Devine, Rumsey, Pritzker, JJ., concur.