| People v Nelson |
| 2008 NY Slip Op 08561 [56 AD3d 899] |
| November 13, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Dennis T.Nelson, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Michael R. Stern of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered August 17, 2007, convicting defendant upon his plea of guilty of the crimes of falselyreporting an incident in the first degree (two counts) and placing a false bomb or hazardoussubstance in the first degree.
While incarcerated at Great Meadow Correctional Facility in Washington County, defendantsent a number of threatening letters to public officials. As a result, he was charged in twoindictments with numerous crimes, including multiple counts of falsely reporting an incident inthe first degree. He pleaded guilty to two counts of falsely reporting an incident in the first degreein satisfaction of these charges. Under the terms of the plea agreement, he was to be sentenced toconcurrent prison terms of six years, to be followed by five years of postrelease supervision.Prior to sentencing, however, defendant was charged in a third indictment with additional crimes,including placing a false bomb or hazardous substance in the first degree. He pleaded guilty tothis crime in satisfaction of the additional charges and was to be sentenced under the pleaagreement to six years in prison, to be followed by five years of postrelease supervision, with thesentence to run concurrent with the sentence for the other two crimes but consecutive to theprison term he was then serving. Defendant was subsequently sentenced as a second felonyoffender in accordance with the plea agreement. He now appeals.
Defendant asserts that the sentence imposed is harsh and excessive. We disagree. Given thebizzare and disturbing nature of defendant's conduct and his lengthy criminal record, [*2]we find no abuse of discretion nor extraordinary circumstanceswarranting a reduction of the sentence in the interest of justice (see People v Booker, 53 AD3d697, 704 [2008]). Defendant's mental problems do not mitigate the severity of his conduct(see People v Masters, 36 AD3d959, 960-961 [2007], lv denied 8 NY3d 925 [2007]). In any event, the professionalswho evaluated him as part of the CPL article 730 psychiatric examination certified hiscompetency (see People v Parker, 305 AD2d 871, 872 [2003], lv denied 100NY2d 597 [2003]). Therefore, we decline to disturb the sentence.
Peters, J.P., Rose, Kane, Malone Jr. and Stein, JJ., concur. Ordered that the judgment isaffirmed.