| People v Kelly |
| 2010 NY Slip Op 02030 [71 AD3d 1292] |
| March 18, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Brenda J.Kelly, Appellant. |
—[*1]
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), renderedFebruary 2, 2009, convicting defendant upon her plea of guilty of the crime of forgery in thesecond degree.
In satisfaction of the charges contained in a superior court information, defendant pleadedguilty to forgery in the second degree. Under the terms of the plea agreement, defendant was toenter a drug treatment program. The agreement provided that, if defendant successfullycompleted the program, she would be permitted to withdraw her plea, plead guilty to forgery inthe third degree and receive three years of probation. If she did not, she would be sentenced as asecond felony offender to 2½ to 5 years in prison upon her original plea of guilty to forgeryin the second degree. Defendant entered the program, but did not successfully complete it,resulting in the imposition of a sentence of 2½ to 5 years in prison. She now appeals.
Defendant's sole contention is that the sentence imposed by County Court is harsh andexcessive. We disagree. Defendant has a lengthy criminal record characterized by numerousdrug-related offenses and was given ample opportunity to undergo treatment to address her drugproblem, all to no avail. In view of this, and given that the sentence imposed was specificallyagreed to by defendant as part of the plea agreement, the sentence is not harsh and excessive(see People v Nardi, 232 AD2d 673, 674 [1996], lv denied 89 NY2d 927 [1996];see also People v Wilson, 219 AD2d 758 [1995], lv denied 86 NY2d 875[1995]). Furthermore, we find no extraordinary circumstances nor any abuse of discretionwarranting a reduction of the sentence in the interest of justice (see People v Rockwell, 18 AD3d969, 971 [2005], lv denied 5 NY3d 768 [2005]).[*2]
Spain, J.P., Rose, Stein, McCarthy and Garry, JJ., concur.Ordered that the judgment is affirmed.