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The People of the State of v. Jesus Lasanta Jr

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


November 23, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JESUS LASANTA JR., APPELLANT.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 16, 2010, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

MEMORANDUM AND ORDER

Calendar Date: September 28, 2011

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

In satisfaction of multiple charges contained in two indictments, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. In accordance with the terms of the plea agreement, he was sentenced to five years in prison to be followed by two years of postrelease supervision. Defendant appeals.

Defendant's sole contention is that the sentence is harsh and excessive. We find this argument to be unpersuasive. The record establishes that defendant was a regular dealer of narcotic drugs and has a criminal record. In addition, defendant agreed to the sentence included in the plea agreement in order to avoid exposure to a much longer sentence if convicted after trial. Therefore, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Herring, 74 AD3d 1579, 1580 [2010]; People v Thompson, 70 AD3d 1123 [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

20111123

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