| People v Simmons |
| 2014 NY Slip Op 08270 [122 AD3d 1169] |
| November 26, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vLamont Simmons, Appellant. |
G. Scott Walling, Schenectady, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Sara Fischer of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan,J.), rendered September 6, 2013, convicting defendant upon his plea of guilty of thecrime of criminal possession of a controlled substance in the third degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to the crime ofcriminal possession of a controlled substance in the third degree. The plea agreementcontemplated that he would be sentenced as a second felony offender and would receivea determinate prison term of between 6 and 12 years, to be followed by a term ofpostrelease supervision. County Court ultimately sentenced defendant to a prison term ofeight years to be followed by postrelease supervision of three years, that sentence to runconsecutively to a prison sentence he was already serving. Defendant now appeals,arguing solely that the sentence was harsh and excessive.
We disagree and affirm. It is well settled that "[a] sentence that falls within thepermissible statutory ranges will not be disturbed unless it can be shown that thesentencing court abused its discretion or that extraordinary circumstances existwarranting a modification in the interest of justice" (People v Pailin, 306 AD2d558, 558 [2003], lv denied 100 NY2d 597 [2003]; see People v McCombs, 83AD3d 1296, 1296 [2011]). The sentence here was within the permissible statutoryrange and, after reviewing the seriousness of the offense, defendant's prior criminalhistory and the fact that the sentence was both within the negotiated range and wellbelow the statutory maximum, we discern no circumstances that would warrant itsmodification (see People vDavis, 83 AD3d 1210, 1213 [2011], lv denied 17 NY3d 794 [2011]; People v Wilson, 78 AD3d1213, 1217 [2010], lv denied 16 NY3d 747 [2011]).
[*2] Peters, P.J., Stein, McCarthy, Garry and Lynch, JJ.,concur. Ordered that the judgment is affirmed.