PEOPLE v. ROBINSON (2023)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Montgomery County (Traci DiMezza, J.), rendered February 11, 2020, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree (two counts).

Following a jury trial, defendant was found guilty of two counts of criminal possession of a controlled substance in the third degree.  Defendant was thereafter sentenced, as a second felony drug offender, to two concurrent sentences of 12 years in prison, to be followed by three years of postrelease supervision.  Defendant appeals.

Defendant's sole contention on appeal is that the imposition of the maximum sentence is harsh and excessive.  In light of defendant's lengthy criminal history, which includes four prior felony convictions, including a violent felony conviction, numerous misdemeanor convictions and repeated violations of probation and parole, as well as his failure to take responsibility and his lack of remorse, we do not find the sentence imposed to be unduly harsh or severe, despite it being at the maximum of the permissible statutory range (see CPL 470.15[6][b];  Penal Law §§ 70.70[3][b][i];  220.16;  People v. Coutant, 111 A.D.3d 981, 983, 974 N.Y.S.2d 191 [3d Dept. 2013], lv denied 23 N.Y.3d 1019, 992 N.Y.S.2d 801, 16 N.E.3d 1281 [2014]).

ORDERED that the judgment is affirmed.

Lynch, J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.