THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ERIC MAGIN DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. ERIC A. MAGIN, DEFENDANT–APPELLANT.

KA 13–01187

Decided: July 07, 2017

PRESENT: SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of 12 counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). County Court sentenced him as a persistent felony offender to concurrent indeterminate terms of imprisonment of 15 years to life.

We reject defendant's contention that the court abused its discretion in sentencing him as a persistent felony offender. We conclude “that defendant's history and character ․ and the nature and circumstances of his criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest” (Penal Law § 70.10[2]; see People v. Bastian, 83 AD3d 1468, 1470, lv denied 17 NY3d 813; People v. Perry, 19 AD3d 619, 619, lv denied 5 NY3d 809, reconsideration denied 5 NY3d 855). We therefore further conclude that the sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court

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