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People v. White

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 750 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: July 12, 2001.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered March 15, 2000, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the seventh degree (three counts).

Charles E. Inman, Public Defender (Alexander W. Bloomstein of counsel), Hudson, for appellant.

Beth G. Cozzolino, District Attorney (Kenneth L. Golden of counsel), Hudson, for respondent.

Before: Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Defendant challenges the severity of the sentence imposed upon him as a second felony offender following his plea of guilty of three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the seventh degree. A sentence of 6 to 12 years was imposed on each of the drug sale counts and a one-year sentence was imposed on each of the drug possession counts, with all sentences to run concurrently. Considering defendant's lengthy criminal history, which consists primarily of assaultive behavior and substance abuse, and the absence of any extraordinary circumstances warranting a modification in the interest of justice, we find no basis to disturb the sentence, which is well within the permissible statutory range (see, People v. Carter, 267 A.D.2d 594, lv denied 94 N.Y.2d 917;People v. Cooper, 258 A.D.2d 815, 816, lv denied 93 N.Y.2d 1016).

Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 750 (N.Y. App. Div. 2001)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR WHITE, Also…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 12, 2001

Citations

285 A.D.2d 750 (N.Y. App. Div. 2001)
727 N.Y.S.2d 661