People v. Gillespie

125 A.D.3d 1017, 3 N.Y.S.3d 170

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2015
• Docket: 106177
• Status: Published

Opinion

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered September 5, 2013, convicting defendant upon her plea of guilty of the crime of criminal possession of a forged instrument in the second degree.

Defendant waived indictment and pleaded guilty to a superior court information charging her with criminal possession of a forged instrument in the second degree. County Court sentenced defendant, as second felony offender, to a prison term of 2 to 4 years. Defendant appeals.

Defendant’s sole contention is that the sentence is harsh and excessive, particularly in light of her history of controlled substance abuse, and should be modified to a period of parole supervision. The record reveals that County Court considered appropriate factors, including defendant’s alleged addiction and her extensive criminal history, in imposing the minimum statutory period of incarceration (see Penal Law § 70.06 [3] [d]). A review of the record evinces neither an abuse of the court’s discretion nor the existence of any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Knott, 92 AD3d 975, 976 [2012], lv denied 18 NY3d 995 [2012]; People v Rockwell, 18 AD3d 969, 971 [2005], lv denied 5 NY3d 768 [2005]).

Peters, P.J., Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed.