| People v Velazquez |
| 2009 NY Slip Op 08085 [67 AD3d 1124] |
| November 12, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RichardVelazquez, Appellant. |
—[*1] Beth G. Cozzolino, District Attorney, Hudson (H. Neal Conolly of counsel), forrespondent.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), renderedOctober 9, 2007, convicting defendant upon his plea of guilty of the crimes of criminalpossession of a controlled substance in the third degree and criminal possession of a controlledsubstance in the fourth degree.
The facts of this case are fully set forth in our prior decision in which we granted theapplication of then appellate counsel to be relieved of his assignment and appointed new counselto represent defendant on this appeal (60 AD3d 1150 [2009]). We must now address whether thesentence imposed by County Court was harsh and excessive. The record discloses that defendantreceived a sentence of five years in prison upon his conviction of criminal possession of acontrolled substance in the third degree and three years in prison upon his conviction of criminalpossession of a controlled substance in the fourth degree, to run concurrently, and to be followedby two years of postrelease supervision. This was significantly less than the maximum term thatcould have been imposed and, notably, the plea agreement did not include a commitment by thecourt with respect to sentencing. In view of this, and given the quantity of heroin confiscated bythe police, we find no abuse of discretion nor the existence of extraordinary circumstanceswarranting a reduction of the sentence in the interest of justice (see People v Rivera, 24 AD3d1033, 1034 [2005]).
Cardona, P.J., Spain, Kane, Malone Jr. and Garry, JJ., concur. Ordered that the judgment isaffirmed.