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People v. Roberts

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 2003
301 A.D.2d 756 (N.Y. App. Div. 2003)

Opinion

14190

January 9, 2003.

Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered May 23, 2002, which resentenced defendant following his plea of guilty of the crime of criminal sale of a controlled substance in the second degree.

Schapiro Reich, Lindenhurst (Perry S. Reich of counsel), for appellant.

Richard E. Cantwell, District Attorney, Plattsburgh, for respondent.

Before: Cardona P.J., Crew III, Peters, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER


In full satisfaction of an indictment charging him with criminal sale of a controlled substance in the first degree and conspiracy in the second degree, defendant pleaded guilty to one count of criminal sale of a controlled substance in the second degree. After defendant's original sentence was vacated by this Court ( 293 A.D.2d 916), County Court resentenced him to an indeterminate prison term of five years to life. Defendant appeals.

Defendant's sole claim on this appeal is that the sentence imposed is harsh and excessive. He asserts that considering his age, educational and working background, limited criminal history and the fact that other participants in the same drug ring received more lenient sentences, he should have been sentenced to an indeterminate term of three years to life.

We are unpersuaded that the sentence imposed is harsh or excessive. It is well settled that "`[t]he imposition of the sentence rests within the sound discretion of the trial court, and we should not interfere unless there has been a clear abuse of discretion or extraordinary circumstances'" (People v. King, 293 A.D.2d 815, 817-818, lv denied 98 N.Y.2d 698, quoting People v. Harris, 57 A.D.2d 663, 663). Here, considering the large quantity of drugs sold by defendant (see People v. Chester, 297 A.D.2d 862) and the fact that his sentence was less than the maximum authorized (see Penal Law § 70.00 [a]; [3] [a] [ii]; People v. Bailey, 295 A.D.2d 632, 635), we find no reason to modify the sentence in the interest of justice (see CPL 470.15). Moreover, the mere fact that defendant received a greater sentence than that of other participants does not mandate a reduction of his sentence by this Court (see People v. Durrence, 244 A.D.2d 728, 728, lv denied 91 N.Y.2d 925; People v. Revels, 191 A.D.2d 905).

Cardona, P.J., Crew III, Carpinello and Rose, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Roberts

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 2003
301 A.D.2d 756 (N.Y. App. Div. 2003)
Case details for

People v. Roberts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SETH ROBERTS, Appellant

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

Date published: Jan 9, 2003

Citations

301 A.D.2d 756 (N.Y. App. Div. 2003)
752 N.Y.S.2d 917

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