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The People of the State of v. Tyshaun Mosley

State of New York Supreme Court, Appellate Division Third Judicial Department


September 15, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
TYSHAUN MOSLEY, ALSO KNOWN AS TRASHUN MOSELY, ALSO KNOWN AS TYSHAWN MOSELEY, APPELLANT.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 19, 2009, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree, driving while intoxicated and criminal possession of a controlled substance in the fifth degree.

MEMORANDUM AND ORDER

Calendar Date: July 27, 2011

Before: Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ.

In satisfaction of three separate indictments charging him with a number of crimes, defendant pleaded guilty to criminal sale of a controlled substance in the third degree, driving while intoxicated and criminal possession of a controlled substance in the fifth degree. Consistent with the plea agreement, he was sentenced as a second felony offender to concurrent prison terms of six years on the criminal sale conviction, to be followed by three years of postrelease supervision, 1a to 4 years on the driving while intoxicated conviction, and 21/2 years on the criminal possession conviction, to be followed by two years of postrelease supervison. Defendant appeals.

Defendant contends that the sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant has a lengthy criminal record characterized by numerous drug and alcohol-related offenses. In view of this, and given that the agreed-upon sentence exposed defendant to significantly less prison time than he could have faced if convicted after trial, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Williams, 76 AD3d 1141, 1142 [2010]; People v McPherson, 76 AD3d 1117 [2010]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20110915

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