People v Courtney B. Douglas

People v Douglas 2003 NY Slip Op 19586 [2 AD3d 1057] December 18, 2003 Appellate Division, Third Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

The People of the State of New York, Respondent,
v
Courtney B. Douglas, Appellant.

—Mercure, J.P. Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 17, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with the plea agreement, to 1 to 3 years in prison. The plea was entered into in satisfaction of a superior court information charging him with criminal sale of a controlled substance in the third degree, a crime which he committed while awaiting sentencing on another charge, the facts of which are more fully set forth in People v Douglas (— AD3d — [decided herewith] ). Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. We disagree. Defendant committed the crime in violation of the no-arrest condition of a prior plea bargain. Given these circumstances, as well as the fact that defendant agreed to the sentence challenged on this appeal as part of a plea bargain, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Samuel, 284 AD2d 654, 655 [2001]; People v Hicks, 265 AD2d 600, 601 [1999]).

Crew III, Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.