People v Robinson
2023 NY Slip Op 03508 [217 AD3d 1269]
June 29, 2023
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 9, 2023


[*1]
 The People of the State of New York, Respondent,
v
James W. Robinson, Appellant.

Lisa A. Burgess, Indian Lake, for appellant.

Lorraine Diamond, District Attorney, Fonda (Ashley Meza of counsel), for respondent.

Appeal from a judgment of the County Court of Montgomery County (Traci DiMezza, J.), rendered February 11, 2020, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree (two counts).

Following a jury trial, defendant was found guilty of two counts of criminal possession of a controlled substance in the third degree. Defendant was thereafter sentenced, as a second felony drug offender, to two concurrent sentences of 12 years in prison, to be followed by three years of postrelease supervision. Defendant appeals.

Defendant's sole contention on appeal is that the imposition of the maximum sentence is harsh and excessive. In light of defendant's lengthy criminal history, which includes four prior felony convictions, including a violent felony conviction, numerous misdemeanor convictions and repeated violations of probation and parole, as well as his failure to take responsibility and his lack of remorse, we do not find the sentence imposed to be unduly harsh or severe, despite it being at the maximum of the permissible statutory range (see CPL 470.15 [6] [b]; Penal Law §§ 70.70 [3] [b] [i]; 220.16; People v Coutant, 111 AD3d 981, 983 [3d Dept 2013], lv denied 23 NY3d 1019 [2014]).

Lynch, J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur. Ordered that the judgment is affirmed.