| People v Johnson |
| 2015 NY Slip Op 06447 [131 AD3d 728] |
| August 6, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vShon Johnson, Appellant. |
Mark Schneider, Plattsburgh, for appellant.
Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel),for respondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.),rendered September 30, 2013, upon a verdict convicting defendant of the crimes ofpromoting prison contraband in the first degree and attempted assault in the seconddegree.
While incarcerated at a state correctional facility, defendant altered a state-issuedrazor blade and used it to cut a correction officer's wrist. As a result, defendant wascharged by indictment with promoting prison contraband in the first degree andattempted assault in the second degree. Following a jury trial, defendant was convicted ascharged. Defendant was thereafter sentenced, as a second felony offender, to anaggregate prison term of 3
We affirm. Defendant's sole contention is that the imposition of the maximumpossible sentence is harsh and excessive in light of his documented mental health history.However, the record reveals that County Court was fully apprised of defendant's mentalhealth history, including the fact that a court-ordered psychiatric examination revealedthat defendant suffered from psychotic disorder not otherwise specified, but that he didnot lack the capacity to understand the proceedings and participate in his defense. Inview of this, and given defendant's lengthy criminal history—which includes aprior conviction for assaulting a correction officer—we find no abuse of discretionor extraordinary circumstances warranting a reduction of the sentence in the interest ofjustice (see People vSantiago, 6 AD3d 979, 979 [2004]; People v Pagan, 304 AD2d 980, 981[2003], lv denied 100 NY2d 564 [2003]; People v Youmans, 292 AD2d647, 649 [2002], lv denied 98 NY2d 704 [2002]).
Garry, J.P., Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment isaffirmed.