PEOPLE v. TOVAR (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Tina M. TOVAR, Appellant.

Decided: February 10, 1999

Present: DENMAN, P.J., GREEN, PINE, HAYES and CALLAHAN, JJ.

J. Scott Porter, Syracuse, for Appellant. Dennis Hawthorne, Oswego, for Respondent.

Defendant appeals from a judgment convicting her upon a jury verdict of two counts each of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ). Defendant was sentenced to indeterminate terms of imprisonment of 2 to 6 years, some concurrent and some consecutive, for an aggregate sentence of 4 to 12 years. Defendant contends that County Court improperly denied her request for disclosure of the identity of the confidential informant and that the sentence is unduly harsh or severe.

As a matter of discretion in the interest of justice (see, CPL 470.15[6] [b] ), we modify the judgment by providing that the terms of imprisonment run concurrently. Defendant, age 33, has no prior criminal convictions. The charges against defendant arose from her sale of two small quantities of cocaine to an undercover State Trooper. Defendant has expressed remorse for the crimes, which stemmed from her involvement with a drug-dealing boyfriend, a relationship that defendant ended following her arrest.

We have considered defendant's remaining contention and conclude that it is without merit.

Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed.

MEMORANDUM:

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