| People v Ruise |
| 2015 NY Slip Op 06937 [131 AD3d 1328] |
| September 24, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Mark E. Ruise, Appellant. |
Michael P. Graven, Owego, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Damian M. Sonsire of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.),rendered February 3, 2014, convicting defendant upon his plea of guilty of the crime ofcriminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal saleof a controlled substance in the third degree and was sentenced as a second felonyoffender, in accordance with the plea agreement, to a prison term of three years, followedby two years of postrelease supervision. Defendant appeals, contending that the sentenceimposed was harsh and excessive, particularly given his mental health issues. Wedisagree. Noting defendant's criminal history and the favorable plea resolution, we findno abuse of discretion by County Court nor any extraordinary circumstances warranting amodification of the bargained-for sentence (see People v Nixon, 98 AD3d 1169, 1169 [2012]; People v Ross, 45 AD3d897, 897 [2007]).
Peters, P.J., Rose, Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.