People v Nesbitt

People v Nesbitt 2008 NY Slip Op 09867 [57 AD3d 1167] December 18, 2008 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent, v Thomas P. Nesbitt, Appellant.

—[*1] Lisa A. Burgess, Indian Lake, for appellant.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 30, 2007, convicting defendant upon his plea of guilty of two counts of the crime of criminal sale of marihuana in the second degree.

Resolving two separate indictments charging a total of four felonies, defendant pleaded guilty to two counts of criminal sale of marihuana in the second degree. County Court thereafter sentenced defendant consistent with the plea agreement as a second felony offender to consecutive terms of imprisonment of 2½ years followed by one year of postrelease supervision.

Defendant's sole contention on this appeal is that the sentences imposed are harsh and excessive. We disagree. Noting defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the sentences in the interest of justice (see People v Barringer, 54 AD3d 442, 444 [2008]). Accordingly, the judgment is affirmed.

Peters, J.P., Rose, Kane, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is affirmed.