Opinion
12737
January 17, 2002.
Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), entered June 26, 2000, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
Dorner Kosich (Dale Dorner of counsel), Greenville, for appellant.
Robert M. Carney, District Attorney (Kelly Provo, Law Intern), Schenectady, for respondent.
Before: Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant was sentenced to a prison term of 4½ to 13½ years after pleading guilty to the crime of criminal possession of a controlled substance in the third degree in full satisfaction of a four-count indictment. He contends on this appeal that the sentence was unduly harsh and excessive in view of his youth (22 years of age at the time of sentencing) and his lack of a prior criminal record. We disagree. A sentence that falls within the permissible statutory ranges will not be disturbed unless the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification in the interest of justice (see, People v. Carter, 267 A.D.2d 594, 595, lv denied 94 N.Y.2d 917; People v. Dolphy, 257 A.D.2d 681, 685, lv denied, 93 N.Y.2d 872). No extraordinary circumstances have been shown to exist here nor can we discern any abuse of judicial discretion in light of the fact that a sentence of 8 to 25 years (see, Penal Law § 70.00[b];[3][b]) could have been imposed.
Crew III, J.P., Peters, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed.