| People v Lussier |
| 2013 NY Slip Op 05931 [109 AD3d 1023] |
| September 19, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v PeterA. Lussier, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Cawley, J.),rendered January 11, 2011, convicting defendant upon his plea of guilty of the crime ofattempted criminal sale of a controlled substance in the third degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to attemptedcriminal sale of a controlled substance in the third degree.[FN*]He was subsequently sentenced, as a second felony drug offender previously convictedof a violent felony, to four years in prison to be followed by three years of postreleasesupervision. Defendant now appeals, arguing solely that the agreed-upon sentence washarsh and excessive. Noting the favorable plea resolution and defendant's criminalhistory, however, we discern neither an abuse of discretion by County Court nor theexistence of extraordinary circumstances that would warrant a reduction of the sentencein the interest of justice (seePeople v Shaw, 51 AD3d 1062, 1063 [2008], lv denied 10 NY3d 964[2008]; People v Ross, 45AD3d 897, 897 [2007]).
Lahtinen, J.P., Stein, Spain and Garry, JJ., concur. Ordered that the judgment isaffirmed.
Footnote *: While defendant agreedto waive his right to appeal as part of the plea agreement, the People have disavowed anycontention that he in fact did so.