Opinion
107132.
01-28-2016
The PEOPLE of the State of New York, Respondent, v. Tige SMITH Jr., Appellant.
Susan Patnode, Rural Law Center of New York, Albany (Kelly L. Egan of counsel), for appellant. Alexander Lesyk, Special Prosecutor, Norwood, for respondent.
Susan Patnode, Rural Law Center of New York, Albany (Kelly L. Egan of counsel), for appellant.
Alexander Lesyk, Special Prosecutor, Norwood, for respondent.
Opinion
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 18, 2014, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
Defendant was sentenced to a prison term of five years and two years of postrelease supervision following his plea of guilty to criminal sale of a controlled substance in the third degree. His sole contention on appeal is that the sentence imposed is harsh and excessive. We disagree. County Court made no sentence commitment and imposed a prison term that was less than the maximum permitted by statute (see Penal Law § 70.702 [a][i] ). Notably, while this matter was pending, defendant absconded and was twice arrested and convicted upon a charge of assault in the third degree. Further, a review of the presentence investigation report reflects defendant's extensive drug-related history. We find no abuse of discretion or extraordinary circumstances warranting modification of the sentence in the interest of justice (see People v. Lasanta, 89 A.D.3d 1324, 932 N.Y.S.2d 917 2011; People v. Velazquez, 67 A.D.3d 1124, 1124, 887 N.Y.S.2d 870 2009, lv. denied 14 N.Y.3d 894, 903 N.Y.S.2d 782, 929 N.E.2d 1017 2010; People v. Williams, 65 A.D.3d 1423, 1424, 885 N.Y.S.2d 918 2009 ).
ORDERED that the judgment is affirmed.
PETERS, P.J., GARRY, EGAN JR. and LYNCH, JJ., concur.