Opinion
2011-11-23
The PEOPLE of the State of New York, Respondent,v.Jesus LaSANTA Jr., Appellant.
Andrew Kossover, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant.D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 16, 2010, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of multiple charges contained in two indictments, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. In accordance with the terms of the plea agreement, he was sentenced to five years in *918 prison to be followed by two years of postrelease supervision. Defendant appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We find this argument to be unpersuasive. The record establishes that defendant was a regular dealer of narcotic drugs and has a criminal record. In addition, defendant agreed to the sentence included in the plea agreement in order to avoid exposure to a much longer sentence if convicted after trial. Therefore, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice ( see People v. Herring, 74 A.D.3d 1579, 1580, 903 N.Y.S.2d 595 [2010]; People v. Thompson, 70 A.D.3d 1123, 894 N.Y.S.2d 577 [2010] ).
ORDERED that the judgment is affirmed.
MERCURE, J.P., PETERS, LAHTINEN, STEIN and McCARTHY, JJ., concur.