PEOPLE v. VAN NORDSTRAND (1997)

In full satisfaction of a five-count indictment, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the second degree and was sentenced, as a predicate felon, to a prison term of seven years to life.   Defendant contends that his sentence is harsh and excessive given the fact that he, inter alia, has a son and a disabled wife, has a history of steady employment and has had success in drug treatment.   In light of defendant's past criminal history, which includes a drug-related conviction, as well as the fact that defendant received the agreed-upon sentence which is within the statutory limits, we reject defendant's contention and find that the sentence imposed was neither harsh nor excessive (see, People v. Roldan, 223 A.D.2d 893, 636 N.Y.S.2d 674, lv denied 88 N.Y.2d 993, 649 N.Y.S.2d 400, 672 N.E.2d 626;  People v. Martinez, 184 A.D.2d 869, 586 N.Y.S.2d 762, lv denied 80 N.Y.2d 906, 588 N.Y.S.2d 832, 602 N.E.2d 240).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.