People v Best
2018 NY Slip Op 01219 [158 AD3d 989]
February 22, 2018
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2018


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 The People of the State of New York, Respondent, v Kwesi D. Best, Appellant.

Pamela B. Bleiwas, Ithaca, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Mariah Foster, Law Intern), for respondent.

Motion for reargument and reconsideration.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ordered that the motion is granted, the memorandum and order decided and entered October 19, 2017 (154 AD3d 1069 [2017]) is vacated, and the following memorandum and order is substituted therefor.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 2, 2015, convicting defendant upon his plea of guilty of the crimes of assault in the first degree and attempted assault in the second degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to assault in the first degree and attempted assault in the second degree stemming from his attack on two random individuals with a blade. Defendant was sentenced to consecutive prison terms of eight years on the first degree assault conviction and 1 to 3 years on the attempted assault conviction, followed by five years of postrelease supervision. Defendant appeals.

We are unpersuaded by defendant's contention that extraordinary circumstances exist that render the sentences imposed harsh and excessive. The record reflects that in imposing the sentences, County Court considered defendant's mental health issues and substance abuse history, as well as his expressed remorse for his conduct (see People v White, 104 AD3d 1056, 1057 [2013], lv denied 21 NY3d 1021 [2013]; People v Duffy, 38 AD3d 1060, 1060 [2007]).

Lynch, J.P., Devine, Rumsey and Pritzker, JJ., concur. Ordered that the judgment is affirmed.