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The PEOPLE of the State of New York, Respondent, v. James C. KITCHINGS, Appellant.
Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered July 28, 1995, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
Following a jury trial, defendant was convicted of the crimes of criminal sale and criminal possession of a controlled substance in the third degree and was sentenced to concurrent prison terms of 5 to 15 years. Defendant contends on this appeal that his sentences were harsh and excessive in light of his brief criminal record (one prior conviction in 1976 of criminal possession of a controlled substance in the seventh degree) and his steady employment history (23 years with the same company). Defendant's contentions are unpersuasive. The sentences fall within the statutory parameters and are appropriate given the nature of defendant's crimes and the absence of a showing of extraordinary circumstances. We, accordingly, decline to disturb them (see, People v. Wilson, 210 A.D.2d 520, 523, 620 N.Y.S.2d 135, lv denied 85 N.Y.2d 982, 629 N.Y.S.2d 742, 653 N.E.2d 638; People v. Powell, 209 A.D.2d 879, 882, 619 N.Y.S.2d 788, lv denied 84 N.Y.2d 1037, 623 N.Y.S.2d 193, 647 N.E.2d 465; People v. Willis, 200 A.D.2d 903, 904, 607 N.Y.S.2d 160).
ORDERED that the judgment is affirmed.
CARPINELLO, Justice.
CARDONA, P.J., and CREW, WHITE and CASEY, JJ., concur.
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Decided: May 08, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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