| People v Nixon |
| 2012 NY Slip Op 06230 [98 AD3d 1169] |
| September 20, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Isiah Nixon,Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), renderedJanuary 21, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of acontrolled substance in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to criminal sale of acontrolled substance in the third degree. He was sentenced as a second felony offender to fiveyears in prison, to be followed by three years of postrelease supervision, consistent with the termsof the plea agreement. He now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We find thisargument to be without merit. Defendant has an extensive criminal record, consisting ofnumerous drug-related offenses, many of which involved the sale of drugs. In view of this, andgiven that defendant agreed to the sentence as part of the plea agreement, we find no abuse ofdiscretion nor any extraordinary circumstances warranting a reduction of the sentence in theinterest of justice (see People vLasanta, 89 AD3d 1324 [2011]; People v Williamson, 77 AD3d 1183, 1185-1186 [2010]).
Mercure, J.P., Rose, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the judgmentis affirmed.