| People v McCombs |
| 2011 NY Slip Op 03147 [83 AD3d 1296] |
| April 21, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v ThomasMcCombs, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Schenectady County (Tomlinson,J.), rendered April 20, 2010, which resentenced defendant following his conviction of the crimesof criminal possession of a controlled substance in the third degree (four counts) and criminalsale of a controlled substance in the third degree (three counts).
Defendant was convicted following a jury trial in 2002 of the crimes of criminal possessionof a controlled substance in the third degree (four counts) and criminal sale of a controlledsubstance in the third degree (three counts). He was thereafter sentenced to an aggregate prisonterm of 20 to 60 years. On appeal, this Court modified the sentence, resulting in an aggregatesentence of 6 to 21 years in prison (People v McCombs, 18 AD3d 888 [2005]). In 2009, defendantapplied for resentencing pursuant to CPL 440.46 and was, upon agreement, resentenced to eightyears in prison to be followed by two years of postrelease supervision. Defendant now appeals.
Defendant's sole contention on appeal is that his resentence is harsh and excessive insofar asit included a two-year period of postrelease supervision. Finding no extraordinary circumstancesor abuse of discretion, we decline to reduce the sentence—which was within thepermissible statutory range—in the interest of justice (see People v Lerario, 50 AD3d 1396, 1396-1397 [2008], lvdenied 10 NY3d 961 [2008]).[*2]
Mercure, J.P., Rose, Malone Jr. and Egan Jr., JJ., concur.Ordered that the judgment is affirmed.