| People v Lettley |
| 2011 NY Slip Op 05370 [85 AD3d 1447] |
| June 23, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Keith Lettley,Appellant. |
—[*1] Kevin C. Kortwright, District Attorney, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered July 28, 2009, which resentenced defendant following his conviction of the crime ofplacing a false bomb or hazardous substance in the second degree (nine counts).
While he was an inmate at Great Meadow Correctional Facility in Washington County,defendant mailed letters containing a white powdery substance, which turned out to be footpowder, to various agencies, officials and organizations. As a result, he was convicted followinga jury trial of nine counts of placing a false bomb or hazardous substance in the first degree. Hewas sentenced as a second felony offender on each count to a prison term of seven years, to befollowed by five years of postrelease supervision, to run concurrently to each other andconsecutively to the sentence he was then serving. On appeal, this Court reduced all counts toplacing a false bomb or hazardous substance in the second degree and remitted the matter toCounty Court for resentencing (People vLettley, 64 AD3d 901 [2009], lv denied 13 NY3d 836 [2009]). Thereafter,County Court resentenced defendant as a second violent felony offender on each count to aprison term of four years, to be followed by five years of postrelease supervision, and directedthem to run concurrently to each other and consecutively to the sentence he was then serving.Defendant appeals.
Defendant's sole contention is that the sentence is harsh and excessive. Based upon ourreview of the record, we disagree. Defendant has exhibited disturbing behavior in his plan tocreate hysteria and instill fear in parties completely unknown to him. In view of this, and given[*2]the violent nature of his prior crimes, we find noextraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence inthe interest of justice (see People vNelson, 56 AD3d 899 [2008], lv denied 12 NY3d 761 [2009]).
Peters, J.P., Spain, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.