People v Day |
2015 NY Slip Op 08007 [133 AD3d 920] |
November 5, 2015 |
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 Adam Day, Appellant. |
John Ferrara, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Michael J. Andreani of counsel), for respondent.
Lahtinen, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered December 19, 2013, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree (two counts).
Faced with a five-count indictment and potential lengthy consecutive sentences,
defendant pleaded guilty to two counts of criminal sale of a controlled substance in the
third degree in satisfaction of the indictment and waived his right to appeal in exchange
for a prison sentence of either 5
We affirm. Assuming, without deciding, that defendant's appeal waiver was invalid so as to permit consideration of the sentence issue (see People v Rolley, 100 AD3d 1263, 1263-1264 [2012]; People v Caines, 268 AD2d 790, 791 [2000], lv denied 95 NY2d 833 [2000]; cf. People v Vellon, 128 AD3d 1274, 1275 [2015]), we nevertheless find neither an abuse of discretion nor extraordinary circumstances meriting a reduction of defendant's sentence in light of his criminal record and the imposition of a sentence within the agreed range (see People v Rabideau, 130 AD3d 1094, 1095 [2015]).
Peters, P.J., Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.