| People v Ramirez |
| 2012 NY Slip Op 06229 [98 AD3d 1168] |
| September 20, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Maria T.Ramirez, 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 (Williams, J.), renderedAugust 13, 2010, convicting defendant upon her plea of guilty of the crime of criminal sale of acontrolled substance in the third degree.
Defendant was charged in a four-count indictment with various drug-related crimes after shesold cocaine to undercover officers on two separate occasions. In satisfaction thereof, shepleaded guilty to criminal sale of a controlled substance in the third degree. Under the terms ofthe plea agreement, she was to be sentenced to three years in prison, to be followed by two yearsof postrelease supervision. County Court thereafter sentenced defendant as a second felonyoffender to the agreed-upon sentence. Defendant now appeals.
Defendant's sole contention is that her sentence is harsh and excessive. Based upon ourreview of the record, we disagree. Defendant has a history of drug-related offenses and,according to the presentence investigation report, she failed to take responsibility for the crime atissue despite pleading guilty to it. Moreover, defendant agreed to the sentence imposed as part ofthe plea agreement and, by doing so, avoided a significantly longer sentence than one that couldhave been imposed if she was convicted after trial. Consequently, we find neither an abuse ofdiscretion nor extraordinary circumstances warranting a reduction of the sentence in the interestof justice (see People v Lasanta, 89AD3d 1324 [2011]; People vPryce, 36 AD3d 1165, 1165 [2007]). Defendant's difficult personal circumstances do notpersuade us otherwise.[*2]
Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ.,concur. Ordered that the judgment is affirmed.