Opinion
07-07-2017
The PEOPLE of the State of New York, Respondent v. Eric A. MAGIN, defendant–appellant.
Jeffrey Wicks, PLLC, Rochester (Jeffrey Wicks of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
Jeffrey Wicks, PLLC, Rochester (Jeffrey Wicks of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of 12 counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.25 ). County Court sentenced him as a persistent felony offender to concurrent indeterminate terms of imprisonment of 15 years to life.
We reject defendant's contention that the court abused its discretion in sentencing him as a persistent felony offender. We conclude "that defendant's history and character ... and the nature and circumstances of his criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest" (Penal Law § 70.10[2] ; see People v. Bastian, 83 A.D.3d 1468, 1470, 919 N.Y.S.2d 724, lv. denied 17 N.Y.3d 813, 929 N.Y.S.2d 801, 954 N.E.2d 92 ; People v. Perry, 19 A.D.3d 619, 619, 800 N.Y.S.2d 25, lv. denied 5 N.Y.3d 809, 803 N.Y.S.2d 38, 836 N.E.2d 1161, reconsideration denied 5 N.Y.3d 855, 806 N.Y.S.2d 175, 840 N.E.2d 144 ). We therefore further conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., LINDLEY, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.