| People v McPherson |
| 2010 NY Slip Op 06658 [76 AD3d 1117] |
| September 23, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v AbdullahMcPherson, Appellant. |
—[*1] Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered May 27,2008, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlledsubstance in the third degree.
Defendant pleaded guilty to criminal sale of a controlled substance in the third degree insatisfaction of a four-count indictment alleging that he possessed and sold cocaine on multipleoccasions. County Court thereafter sentenced defendant, as a second felony offender, to a prisonterm of five years and postrelease supervision of three years. Defendant now appeals, arguingsolely that the sentence imposed was harsh and excessive.
We affirm. County Court imposed the agreed-upon sentence, which was far less than thepotential maximum had defendant been convicted after trial. Moreover, given defendant'sextensive criminal history, we perceive no abuse of discretion or the existence of extraordinarycircumstances that would warrant a reduction thereof in the interest of justice (see People v Thompson, 70 AD3d1123 [2010]; People v Wallach,35 AD3d 913, 914 [2006]).
Cardona, P.J., Mercure, Malone Jr., Kavanagh and Stein, JJ., concur. Ordered that thejudgment is affirmed.