People v Mosley |
2011 NY Slip Op 06429 [87 AD3d 1179] |
September 15, 2011 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Tyshaun Mosley, Also Known as Trashun Mosely, Also Known as Tyshawn Moseley, Appellant. |
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D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 19, 2009, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree, driving while intoxicated and criminal possession of a controlled substance in the fifth degree.
In satisfaction of three separate indictments charging him with a number of crimes, defendant
pleaded guilty to criminal sale of a controlled substance in the third degree, driving while
intoxicated and criminal possession of a controlled substance in the fifth degree. Consistent with
the plea agreement, he was sentenced as a second felony offender to concurrent prison terms of
six years on the criminal sale conviction, to be followed by three years of postrelease supervision,
1
Defendant contends that the sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant has a lengthy criminal record characterized by numerous drug and alcohol-related offenses. In view of this, and given that the agreed-upon sentence exposed defendant to significantly less prison time than he could have faced if convicted after [*2]trial, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Williams, 76 AD3d 1141, 1142 [2010]; People v McPherson, 76 AD3d 1117 [2010]).
Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.