| People v Sherald |
| 2007 NY Slip Op 08310 [45 AD3d 973] |
| November 8, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v LamontSherald, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Carole M. Cassidy of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Mathews, J.), renderedFebruary 3, 2006, convicting defendant upon his plea of guilty of the crime of criminal sale of acontrolled substance in the third degree.
Satisfying a two-count indictment, defendant pleaded guilty to criminal sale of a controlledsubstance in the third degree and was sentenced in accordance with the plea bargain as a secondfelony offender to 3½ years in prison and three years of postrelease supervision. Defendantnow appeals, arguing that the sentence imposed is harsh and excessive. We disagree and affirm.Defendant, who has an extensive criminal history, agreed to the sentence as part of a negotiatedplea resolution. Accordingly, we find neither an abuse of discretion by County Court nor theexistence of any extraordinary circumstances warranting a reduction of the sentence in theinterest of justice (see People vStrauss, 16 AD3d 707, 708 [2005]).
Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ., concur. Ordered that the judgment isaffirmed.