| People v Souffrant |
| 2013 NY Slip Op 01575 [104 AD3d 992] |
| March 14, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vPatrick J. Souffrant, Appellant. |
—[*1] John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), forrespondent.
Appeal from a judgment of the County Court of Otsego County (Lambert, J.),rendered October 18, 2010, upon a verdict convicting defendant of the crime of criminalsale of a controlled substance in the third degree (two counts).
Following a jury trial, defendant was convicted of two counts of criminal sale of acontrolled substance in the third degree. He was sentenced to two five-year terms ofimprisonment, to run consecutively to one another and consecutively to the sentence hewas then serving on another conviction, to be followed by one year of postreleasesupervision. He now appeals.
Defendant argues that his sentence is harsh and excessive. Based upon our review ofthe record, we disagree. Defendant has a lengthy criminal record that includes a numberof drug-related convictions. Notably, the convictions at issue stem from defendant'sinvolvement in two incidents in which he sold cocaine to a confidential informant. Underthe circumstances presented, we find no abuse of discretion nor any extraordinarycircumstances warranting a reduction of the sentence in the interest of justice (see People v Herring, 74AD3d 1579, 1580 [2010]; People v Burroughs, 64 AD3d 894, 898-899 [2009], lvdenied 13 NY3d 794 [2009]).
Likewise, we find no merit to defendant's two assertions raised in his supplementalpro se brief in support of his claim that he was denied the effective assistance of counsel(see People v Phillips, 96AD3d 1154, 1156 [2012], lv denied 19 NY3d 1000 [2012]).[*2]
Peters, P.J., Mercure, Lahtinen and Stein, JJ.,concur. Ordered that the judgment is affirmed.