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People v. Bussey

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 10, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
ROOSEVELT BUSSEY, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Guidice, J.), rendered December 8, 2008, convicting him of robbery in the third degree, after a non-jury trial and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, ARIEL E. BELEN and SHERI S. ROMAN, JJ.

(Ind. No. 2523/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant failed to establish extraordinary circumstances that would warrant disturbing the sentence imposed (see People v Pedraza, 66 NY2d 626, 627; People v Farrar, 52 NY2d 302, 305-306; People v Masters, 36 AD3d 959, 960; People v Torres, 150 AD2d 406). Further, in light of the defendant's extensive criminal history, which includes numerous felony convictions for robbery, and the circumstances surrounding the commission of the instant offense, the sentencing of the defendant, as a second felony offender, to the maximum sentence was not excessive (see Penal Law §§ 70.06[3][d], [4][b]; 160.05; People v Toney, 12 AD3d 623; People v Rychel, 284 AD2d 662; People v Suitte, 90 AD2d 80, 84).

DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

20091110

© 1992-2009 VersusLaw Inc.



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