People v Johnson

People v Johnson 2015 NY Slip Op 06447 Decided on August 6, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: August 6, 2015
106319

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

SHON JOHNSON, Appellant.

Calendar Date: June 8, 2015
Before: Garry, J.P., Egan Jr., Lynch and Devine, JJ.

Mark Schneider, Plattsburgh, for appellant.

Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.

MEMORANDUM AND ORDER

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, defendant was 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 3½ 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 AD3d 979, 979 [2004]; People v Pagan, 304 AD2d 980, 981 [2003], lv denied 100 NY2d 564 [2003]; People v Youmans, 292 AD2d 647, 649 [2002], lv denied 98 NY2d 704 [2002]).

Garry, J.P., Egan Jr., Lynch and Devine, JJ., concur.

ORDERED that the judgment is affirmed.