Opinion
2012-07-5
The PEOPLE of the State of New York, Respondent, v. David CARTER, Appellant.
James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant. P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.
James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant. P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Teresi, J.), rendered January 21, 2010 in Albany County, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.
In 2004, defendant was convicted after a trial of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 8 1/3 to 25 years. His conviction was affirmed on appeal (31 A.D.3d 1056, 818 N.Y.S.2d 854 [2006],lv. denied7 N.Y.3d 901, 826 N.Y.S.2d 610, 860 N.E.2d 72 [2006] ). In 2010, defendant applied for resentencing pursuant to CPL 440.46. In the course of an appearance before Supreme Court, defendant agreed that the 2004 sentence for this crime would be vacated and the court would resentence him to 7 1/2 years in prison to be followed by *347two years of postrelease supervision. Defendant now appeals, arguing solely that his resentence is harsh and excessive. We are unpersuaded. Given, among other things, defendant's lengthy criminal record, we find no basis to conclude that the court abused its discretion, “nor do we find any extraordinary circumstances warranting a reduction [in the interest of justice]” ( People v. Reid, 85 A.D.3d 1394, 1395, 924 N.Y.S.2d 857 [2011];see People v. Stallworth, 83 A.D.3d 1293, 1294, 920 N.Y.S.2d 753 [2011] ).
ORDERED that the judgment is affirmed.