| People v Mitchell |
| 2007 NY Slip Op 05380 [41 AD3d 1045] |
| June 21, 2007 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Constantine Mitchell, Appellant. |
—[*1]
Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
In satisfaction of two indictments, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree. Under the terms of the negotiated plea agreement, he was to be sentenced to 2
We find no merit to defendant's claim that the sentence is harsh and excessive. Notwithstanding his minimal criminal record and apparent drug addiction, we find no extraordinary circumstances that warrant reducing the sentence in the interest of justice (see People v Johnson, 20 AD3d 591, 592 [2005], lv denied 5 NY3d 807 [2005]; People v Butler, 16 AD3d 915, 917 [2005], lv denied 5 NY3d 786 [2005]).
Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.