Opinion
79016
May 22, 2003.
Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered October 30, 1996, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the third degree (three counts) and endangering the welfare of a child.
Justin Brusgul, Voorheesville, for appellant.
Richard E. Cantwell, District Attorney, Plattsburgh, for respondent.
Before: Cardona, P.J., Mercure, Peters, Carpinello and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant's indictment on charges of criminal sale of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the third degree (three counts) and endangering the welfare of a child arises from his separate sales of crack cocaine to an undercover police officer in the City of Plattsburgh, Clinton County. Following a competency hearing, County Court found him unfit to stand trial and committed him to a psychiatric facility. After several months of treatment, defendant was determined to be in partial remission and competent to stand trial. Following a jury trial, defendant was convicted as charged and sentenced, as a second felony offender, to consecutive prison terms of 5 to 10 years for each of the criminal sale counts, consecutive prison terms of 5 to 10 years for each of the criminal possession counts, to run concurrent with the sale counts, and a concurrent one-year jail term for the child endangerment conviction.
Defendant's sole contention on this appeal is that his sentence is harsh and excessive given the evidence of his ongoing mental illness. Nevertheless, defendant was found competent to stand trial (see People v. Rodney, 245 A.D.2d 394, 395, lv denied 91 N.Y.2d 929) and, in light of his extensive criminal history and the nature of the subject crimes, we see no abuse of County Court's sentencing discretion nor extraordinary circumstancing warranting modification in the interest of justice (see People v. Cartwright, 301 A.D.2d 682; 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; see also CPL 470.15 [b]).
Mercure, Peters, Carpinello and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.