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People v. Badmaxx

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 2011
2011 N.Y. Slip Op. 7881 (N.Y. App. Div. 2011)

Opinion

103694.

Calendar Date: September 28, 2011.

Decided and Entered: November 10, 2011.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered December 19, 2006, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Marcel J. Lajoy, Albany, for appellant.

Kevin C. Kortwright, District Attorney, Fort Edward (Katherine C. Henley of counsel), for respondent.

Before: Spain, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ.


MEMORANDUM AND ORDER

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree. Under the terms of the plea agreement, he was to be sentenced to four years in prison, to be followed by two years of postrelease supervision. Defendant was sentenced accordingly and he now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. We disagree. The record discloses that defendant faced a much longer sentence if convicted after trial, and he entered into the plea agreement for the very purpose of minimizing his exposure. In view of this, and given defendant's criminal history and involvement in bringing large quantities of narcotic drugs into Washington County from New York City, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice ( see People v Aubrey , 73 AD3d 1393, 1394, lv denied 16 NY3d 893; People v Murray, 58 AD3d 1073, 1076, lv denied 12 NY3d 786; People v Martin , 52 AD3d 943, lv denied 11 NY3d 791).

Spain, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Badmaxx

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 2011
2011 N.Y. Slip Op. 7881 (N.Y. App. Div. 2011)
Case details for

People v. Badmaxx

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SULEIMAN M. BADMAXX…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 10, 2011

Citations

2011 N.Y. Slip Op. 7881 (N.Y. App. Div. 2011)