| People v Bussey |
| 2009 NY Slip Op 08241 [67 AD3d 819] |
| November 10, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Roosevelt Bussey, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonardo Joblove and Jodi L. Mandelof counsel; Kai Fan intern on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DelGiudice, J.), rendered December 8, 2008, convicting him of robbery in the third degree, after anonjury trial and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to establish extraordinary circumstances that would warrant disturbingthe sentence imposed (see People v Pedraza, 66 NY2d 626, 627 [1985]; People vFarrar, 52 NY2d 302, 305-306 [1981]; People v Masters, 36 AD3d 959, 960 [2007]; People vTorres, 150 AD2d 406 [1989]). Further, in light of the defendant's extensive criminalhistory, which includes numerous felony convictions for robbery, and the circumstancessurrounding the commission of the instant offense, the sentencing of the defendant, as a secondfelony offender, to the maximum sentence was not excessive (see Penal Law §70.06 [3] [d]; [4] [b]; § 160.05; People v Toney, 12 AD3d 623 [2004]; People v Rychel,284 AD2d 662 [2001]; People v Suitte, 90 AD2d 80, 84 [1982]). Dillon, J.P., Dickerson,Belen and Roman, JJ., concur.