People v Tetreault
2015 NY Slip Op 06936 [131 AD3d 1327]
September 24, 2015
Appellate Division, Third Department
As corrected through Wednesday, November 4, 2015


[*1]
 The People of the State of New York,Respondent,
v
Ryan M. Tetreault, Appellant.

G. Scott Walling, Schenectady, for appellant.

Andrew J. Wylie, District Attorney, Plattsburgh (Ashley M. Monette, Law Intern),for respondent.

Appeal from a judgment of the County Court of Clinton County (McGill, J.),rendered April 22, 2014, convicting defendant upon his plea of guilty of the crimes ofcriminal possession of a controlled substance in the second degree and criminalpossession of a controlled substance in the seventh degree.

Defendant pleaded guilty to an indictment charging him with criminal possession ofa controlled substance in the second degree and criminal possession of a controlledsubstance in the seventh degree, with no sentencing commitment by County Court. Thecourt sentenced defendant as a second felony offender to an aggregate prison term ofseven years, followed by five years of postrelease supervision. Defendant appeals,asserting that the sentence imposed was harsh and excessive. We disagree. Althoughdefendant expressed remorse for his crimes and took steps to address his substance abuseproblem, given his criminal history and his exposure to a much more substantial prisonterm, we find that County Court appropriately considered relevant information andfactors in imposing the sentence, and the record evinces no extraordinary circumstancesto warrant a reduction of the sentence in the interest of justice (see People v O'Brien, 122AD3d 957, 958 [2014]; People v Mitchell, 41 AD3d 1045, 1045-1046 [2007],lv denied 9 NY3d 924 [2007]).

Lahtinen, J.P., Rose, Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.


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