| People v Mosley |
| 2011 NY Slip Op 06429 [87 AD3d 1179] |
| September 15, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Tyshaun Mosley, Also Known as Trashun Mosely, Also Known asTyshawn Moseley, Appellant. |
—[*1] D. 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 March19, 2009, convicting defendant upon his plea of guilty of the crimes of criminal sale of acontrolled substance in the third degree, driving while intoxicated and criminal possession of acontrolled substance in the fifth degree.
In satisfaction of three separate indictments charging him with a number of crimes, defendantpleaded guilty to criminal sale of a controlled substance in the third degree, driving whileintoxicated and criminal possession of a controlled substance in the fifth degree. Consistent withthe plea agreement, he was sentenced as a second felony offender to concurrent prison terms ofsix years on the criminal sale conviction, to be followed by three years of postrelease supervision,1
Defendant contends that the sentence is harsh and excessive. Based upon our review of therecord, we disagree. Defendant has a lengthy criminal record characterized by numerous drug andalcohol-related offenses. In view of this, and given that the agreed-upon sentence exposeddefendant to significantly less prison time than he could have faced if convicted after [*2]trial, we find no extraordinary circumstances nor any abuse ofdiscretion warranting a reduction of the sentence in the interest of justice (see People v Williams, 76 AD3d1141, 1142 [2010]; People vMcPherson, 76 AD3d 1117 [2010]).
Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgmentis affirmed.