| People v Reid |
| 2011 NY Slip Op 05144 [85 AD3d 1394] |
| June 16, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Rashid Reid, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.),rendered February 11, 2010, which resentenced defendant following his conviction of, amongother things, the crime of criminal possession of a controlled substance in the third degree.
Defendant was convicted of criminal possession of a controlled substance in the third degree,criminal possession of a controlled substance in the fourth degree and attempted criminal sale ofa controlled substance in the third degree. In April 2002, he was sentenced, as a second felonyoffender, to an aggregate prison term of 12½ to 25 years. In July 2002, followingdefendant's guilty plea to criminal possession of a controlled substance in the fourth degree, hewas sentenced to a prison term of 4 to 8 years, with the sentence to run consecutively to theprison term he was already serving. In January 2009, defendant applied for resentencing pursuantto CPL 440.46 on his conviction of criminal possession of a controlled substance in the thirddegree. Following a hearing, County Court vacated the April 2002 sentence as to this crime andresentenced defendant to nine years in prison, to be followed by three years of postreleasesupervision, with the sentence to run consecutively to his July 2002 sentence. Defendant appeals.
Defendant's sole contention on appeal is that his resentence of nine years is harsh andexcessive. We disagree. Considering defendant's criminal record and his behavior while inprison, we discern no abuse of discretion nor do we find any extraordinary circumstances [*2]warranting a reduction (see People v Lerario, 50 AD3d 1396, 1396-1397 [2008], lvdenied 10 NY3d 961 [2008]).
Mercure, J.P., Spain, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.