PEOPLE v. AUGUSTIN (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Tioga County (Gerald Keene, J.), rendered January 3, 2022, convicting defendant upon his plea of guilty of the crimes of robbery in the second degree (two counts) and grand larceny in the fourth degree (two counts).

Defendant was charged in an indictment with two counts of robbery in the second degree and two counts of grand larceny in the fourth degree, stemming from a robbery of a Dollar Store during which he struck a store clerk in the face.  Defendant pleaded guilty as charged and, consistent with the plea agreement, County Court sentenced him to concurrent prison terms of seven years, to be followed by five years of postrelease supervision, on the convictions of robbery in the second degree, and to lesser concurrent sentences on the other convictions.  Defendant appeals.

We affirm.  Defendant's sole contention on appeal is that his sentence is harsh and excessive due to his mental health and substance abuse issues, as well as his limited criminal history.  Given, however, the serious nature of his criminal conduct and the fact that the agreed-upon sentence imposed was significantly less than the maximum allowable, upon due consideration of all of the mitigating and aggravating factors, we do not find that the sentence was unduly harsh or severe, and we decline to take corrective action to modify the sentence in the interest of justice (see CPL 470.15[6][b];  People v. Vazquez, 222 A.D.3d 1104, 1105–1106, 201 N.Y.S.3d 766 [3d Dept. 2023], lv denied 41 N.Y.3d 944, 206 N.Y.S.3d 245, 229 N.E.3d 1138 [2024]).  Contrary to defendant's assertion, the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on him was unduly harsh or severe (see People v. Foli, 145 A.D.3d 1322, 1323, 42 N.Y.S.3d 871 [3d Dept. 2016], lv denied 29 N.Y.3d 1031, 62 N.Y.S.3d 300, 84 N.E.3d 972 [2017];  People v. Morrison, 71 A.D.3d 1228, 1230, 896 N.Y.S.2d 253 [3d Dept. 2010], lv denied 15 N.Y.3d 754, 906 N.Y.S.2d 827, 933 N.E.2d 226 [2010]).

ORDERED that the judgment is affirmed.

Aarons, J.P., Pritzker, Ceresia, Fisher and Mackey, JJ., concur.