PEOPLE v. JONES

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

The PEOPLE of the State of New York, Respondent, v. Barry L. JONES, Appellant.

Decided: January 28, 1999

Before:  CARDONA, P.J., MIKOLL, YESAWICH Jr., PETERS and GRAFFEO, JJ. Richard W. Rich, Public Defender (Nancy M. Eraca-Cornish of counsel), Elmira, for appellant. James T. Hayden, District Attorney, Elmira, for respondent.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered January 17, 1997, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 to 9 years.   We are unpersuaded by defendant's contention that the sentence was harsh and excessive and should be reduced in the interest of justice.   Given defendant's extensive criminal history and the fact that the sentence imposed was less than that recommended by the People, we find no extraordinary circumstances warranting a reduction in defendant's sentence (see, People v. Devivo, 219 A.D.2d 741, 631 N.Y.S.2d 547, lv. denied 87 N.Y.2d 972, 642 N.Y.S.2d 201, 664 N.E.2d 1264;  People v. Carver, 210 A.D.2d 710, 621 N.Y.S.2d 936, lv. denied 85 N.Y.2d 860, 624 N.Y.S.2d 379, 648 N.E.2d 799).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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