| People v Magin |
| 2017 NY Slip Op 05531 [152 AD3d 1184] |
| July 7, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Eric A.Magin, Appellant. |
Jeffrey Wicks, PLLC, Rochester (Jeffrey Wicks of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), renderedApril 11, 2013. The judgment convicted defendant, upon a jury verdict, of criminal possession ofa forged instrument in the second degree (12 counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of 12counts of criminal possession of a forged instrument in the second degree (Penal Law§ 170.25). County Court sentenced him as a persistent felony offender to concurrentindeterminate terms of imprisonment of 15 years to life.
We reject defendant's contention that the court abused its discretion in sentencing him as apersistent felony offender. We conclude "that defendant's history and character . . .and the nature and circumstances of his criminal conduct indicate that extended incarceration andlife-time supervision will best serve the public interest" (Penal Law § 70.10 [2]; see People v Bastian, 83 AD3d1468, 1470 [2011], lv denied 17 NY3d 813 [2011]; People v Perry, 19 AD3d 619, 619[2005], lv denied 5 NY3d 809 [2005], denied upon reconsideration 5 NY3d 855[2005]). We therefore further conclude that the sentence is not unduly harsh or severe.Present—Smith, J.P., Lindley, DeJoseph, NeMoyer and Curran, JJ.