People v Carter

2012 NY Slip Op 05345 [97 AD3d 852]

July 5, 2012

Appellate Division, Third Department

As corrected through Wednesday, August 22, 2012

The People of the State of New York, Respondent, v DavidCarter, Appellant.

—[*1]James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), forappellant.

P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.

Appeal from a judgment of the Supreme Court (Teresi, J.), rendered January 21, 2010 inAlbany County, which resentenced defendant following his conviction of the crime of criminalsale of a controlled substance in the third degree.

In 2004, defendant was convicted after a trial of criminal sale of a controlled substance in thethird degree and was sentenced to a prison term of 81/3 to 25 years. His convictionwas affirmed on appeal (31 AD3d 1056 [2006], lv denied 7 NY3d 901 [2006]). In 2010,defendant applied for resentencing pursuant to CPL 440.46. In the course of an appearancebefore Supreme Court, defendant agreed that the 2004 sentence for this crime would be vacatedand the court would resentence him to 7½ years in prison to be followed by two years ofpostrelease supervision. Defendant now appeals, arguing solely that his resentence is harsh andexcessive. We are unpersuaded. Given, among other things, defendant's lengthy criminal record,we find no basis to conclude that the court abused its discretion, "nor do we find anyextraordinary circumstances warranting a reduction [in the interest of justice]" (People v Reid, 85 AD3d 1394,1395 [2011]; see People vStallworth, 83 AD3d 1293, 1294 [2011]).

Mercure, J.P., Rose, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the judgmentis affirmed.