| People v Gray |
| 2008 NY Slip Op 00300 [47 AD3d 1068] |
| January 17, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Paul E. Gray,Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), renderedAugust 2, 2006, which resentenced defendant following his conviction of the crime of attemptedassault in the first degree.
Following a jury trial, defendant was convicted of, among other crimes, assault in the firstdegree. On appeal, this Court reduced that conviction to attempted assault in the first degree,vacated the 25-year prison sentence imposed in connection therewith and remitted the matter toCounty Court for resentencing (30 AD3d 771 [2006], lv denied 7 NY3d 848 [2006]).County Court resentenced defendant to 15 years in prison with five years of postreleasesupervision.
Defendant now appeals, arguing only that the resentence is harsh and excessive. Havingreviewed the record, we disagree. Notwithstanding defendant's history of mental health problemsand alcohol abuse, we note the senseless and violent nature of defendant's conduct, assummarized in our prior decision in this case (id.), and cannot conclude that CountyCourt abused its discretion in imposing the maximum sentence, nor do we find any extraordinarycircumstances warranting a modification of the resentence in the interest of justice (see People v Smith, 41 AD3d 964,967 [2007], lv denied 9 NY3d 881 [2007]; People v Arnold, 32 AD3d 1051, 1051 [2006]).
Cardona, P.J., Mercure, Peters, Spain and Kane, JJ., concur. Ordered that the judgment isaffirmed.