THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. PHILLIP TRUNZO JR DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PHILLIP TRUNZO, JR., DEFENDANT-APPELLANT.

KA 09-01042

Decided: May 07, 2010

PRESENT:  SCUDDER, P.J., MARTOCHE, LINDLEY, GREEN, AND GORSKI, JJ. JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT. PHILLIP TRUNZO, JR., DEFENDANT-APPELLANT PRO SE. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from a judgment convicting him, upon his guilty plea, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ) and escape in the first degree (§ 205.15[2] ) and sentencing him as a second felony offender to concurrent terms of imprisonment totaling eight years.   Contrary to defendant's contention, the sentence with respect to criminal sale of a controlled substance is not unduly harsh or severe.   Moreover, contrary to the contention of defendant in his pro se supplemental brief, the record establishes that County Court did in fact properly sentence him in accordance with the 2009 Drug Law Reform Act (CPL 440.46), which took effect shortly before the sentencing date.   We have considered the remaining contentions of defendant in his pro se supplemental brief and conclude that they are without merit.

Patricia L. Morgan

Clerk of the Court