PEOPLE v. UPSON (1998)

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered August 2, 1996, convicting defendant upon her plea of guilty of the crime of forgery in the second degree.

Defendant pleaded guilty to the crime of forgery in the second degree in satisfaction of a three-count indictment and several uncharged crimes and was sentenced as a second felony offender to a prison term of 31/212 to 7 years.   On appeal, defendant contends that the sentence was harsh and excessive because she suffers from mental and physical ailments and has been sexually abused throughout her life.   Defendant's unfortunate circumstances may aid in understanding her reasons for committing the instant offense but do not excuse her conduct (see, People v. Hendrickson, 227 A.D.2d 801, 802, 642 N.Y.S.2d 442).   Given defendant's lengthy criminal history, including two prior forgery convictions, we do not find the sentence imposed harsh or excessive (see, People v. Lindow, 177 A.D.2d 812, 576 N.Y.S.2d 401, lv. denied 79 N.Y.2d 921, 582 N.Y.S.2d 81, 590 N.E.2d 1209).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.