Opinion
2015-08-6
The PEOPLE of the State of New York, Respondent, v. Shon JOHNSON, Appellant.
Mark Schneider, Plattsburgh, for appellant. Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Mark Schneider, Plattsburgh, for appellant. Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Before: GARRY, J.P., EGAN JR., LYNCH and DEVINE, JJ.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered September 30, 2013, upon a verdict convicting defendant of the crimes of promoting prison contraband in the first degree and attempted assault in the second degree.
While incarcerated at a state correctional facility, defendant altered a state-issued razor blade and used it to cut a correction officer's wrist. As a result, defendantwas charged by indictment with promoting prison contraband in the first degree and attempted assault in the second degree. Following a jury trial, defendant was convicted as charged. Defendant was thereafter sentenced, as a second felony offender, to an aggregate prison term of 3 1/2 to 7 years, to run consecutively to the time remaining on his prior undischarged term. Defendant now appeals.
We affirm. Defendant's sole contention is that the imposition of the maximum possible sentence is harsh and excessive in light of his documented mental health history. However, the record reveals that County Court was fully apprised of defendant's mental health history, including the fact that a court-ordered psychiatric examination revealed that defendant suffered from psychotic disorder not otherwise specified, but that he did not lack the capacity to understand the proceedings and participate in his defense. In view of this, and given defendant's lengthy criminal history—which includes a prior conviction for assaulting a correction officer—we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v. Santiago, 6 A.D.3d 979, 979, 775 N.Y.S.2d 606 [2004]; People v. Pagan, 304 A.D.2d 980, 981, 759 N.Y.S.2d 226 [2003], lv. denied100 N.Y.2d 564, 763 N.Y.S.2d 822, 795 N.E.2d 48 [2003]; People v. Youmans, 292 A.D.2d 647, 649, 738 N.Y.S.2d 756 [2002], lv. denied98 N.Y.2d 704, 747 N.Y.S.2d 423, 776 N.E.2d 12 [2002] ).
ORDERED that the judgment is affirmed.