| People v Gillespie |
| 2015 NY Slip Op 00923 [125 AD3d 1017] |
| February 5, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJenilee M. Gillespie, Appellant. |
G. Scott Walling, Schenectady, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Appeal from a judgment of the County Court of Clinton County (McGill, J.),rendered September 5, 2013, convicting defendant upon her plea of guilty of the crime ofcriminal possession of a forged instrument in the second degree.
Defendant waived indictment and pleaded guilty to a superior court informationcharging her with criminal possession of a forged instrument in the second degree.County Court sentenced defendant, as second felony offender, to a prison term of 2 to 4years. Defendant appeals.
Defendant's sole contention is that the sentence is harsh and excessive, particularly inlight of her history of controlled substance abuse, and should be modified to a period ofparole supervision. The record reveals that County Court considered appropriate factors,including defendant's alleged addiction and her extensive criminal history, in imposingthe minimum statutory period of incarceration (see Penal Law§ 70.06 [3] [d]). A review of the record evinces neither an abuse of thecourt's discretion nor the existence of any extraordinary circumstances warranting areduction of the sentence in the interest of justice (see People v Knott, 92 AD3d 975, 976 [2012], lvdenied 18 NY3d 995 [2012]; People v Rockwell, 18 AD3d 969, 971 [2005], lvdenied 5 NY3d 768 [2005]).
Peters, P.J., Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.