| People v McDonald |
| 2007 NY Slip Op 06593 [43 AD3d 1207] |
| September 13, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v CarltonMcDonald, Appellant. |
—[*1] John R. Trice, District Attorney, Elmira, for respondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), renderedFebruary 6, 2004, upon a verdict convicting defendant of two counts of the crime of criminal saleof a controlled substance in the third degree.
After selling crack cocaine to an undercover informant on two separate occasions, defendantwas charged with two counts of criminal sale of a controlled substance in the third degree.Following a jury trial, he was convicted of both charges and was sentenced as a second felonyoffender to consecutive terms of 7½ to 15 years in prison. Defendant now appeals.
His sole contention is that the sentence is harsh and excessive. Based upon our review of therecord, we disagree. Defendant has an extensive criminal record dating back to his youth and thecharges at issue appear to have arisen from defendant's participation in a pattern of drug-relatedactivity. Under these circumstances, we cannot conclude that County Court abused its discretionin imposing consecutive sentences (seePeople v Davis, 4 AD3d 567, 568 [2004], lv denied 2 NY3d 798 [2004];People v Parker, 305 AD2d 871, 872 [2003], lv denied 100 NY2d 597 [2003]).We reach this conclusion notwithstanding the recent amendments to the Rockefeller Drug Laws,which defendant concedes were not in effect at the time he was sentenced.
Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur. Ordered that the judgment isaffirmed.