Opinion
110078
07-30-2020
The PEOPLE of the State of New York, Respondent, v. Elijahjuan CANCER, Appellant.
Adam G. Parisi, Schenectady, for appellant. Letitia James, Attorney General, New York City (Hannah Stith Long of counsel), for respondent.
Adam G. Parisi, Schenectady, for appellant.
Letitia James, Attorney General, New York City (Hannah Stith Long of counsel), for respondent.
Before: Lynch, J.P., Clark, Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the County Court of Schenectady County (Sira, J.), rendered December 18, 2017, convicting defendant upon his plea of guilty of the crimes of conspiracy in the second degree, attempted criminal possession of a controlled substance in the third degree and attempted criminal possession of a controlled substance in the fourth degree.
Defendant pleaded guilty to conspiracy in the second degree, attempted criminal possession of a controlled substance in the third degree and attempted criminal possession of a controlled substance in the fourth degree. County Court sentenced defendant, as a second felony offender, to prison terms of 4½ to 9 years on the conspiracy conviction, three years, followed by three years of postrelease supervision, on the third degree attempted criminal possession of a controlled substance conviction and three years, followed by two years of postrelease supervision, on the fourth degree attempted criminal possession of a controlled substance conviction, with the sentences to be run concurrently. Defendant appeals.
We affirm. Defendant's sole contention on appeal is that his sentence is harsh and excessive. "A sentence that falls within the permissible statutory range will not be disturbed unless it can be shown that the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification" ( People v. Stone, 164 A.D.3d 1577, 1578, 84 N.Y.S.3d 597 [2018] [internal quotation marks and citation omitted]; see People v. Sindoni, 175 A.D.3d 750, 750–751, 106 N.Y.S.3d 431 [2019] ). Given defendant's criminal history and the fact that he consented to the sentence as part of his plea bargain, we find no extraordinary circumstances or abuse of discretion warranting a modification of the sentence in the interest of justice (see People v. Latifi, 171 A.D.3d 1351, 1351, 98 N.Y.S.3d 668 [2019] ; People v. Meddaugh, 150 A.D.3d 1545, 1548, 55 N.Y.S.3d 777 [2017] ).
Lynch, J.P., Clark, Devine, Aarons and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.