PEOPLE v. MARTINEZ

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

The PEOPLE of the State of New York, Respondent, v. John MARTINEZ, Appellant.

Decided: February 25, 1999

Before:  MERCURE, J.P., CREW III, SPAIN, CARPINELLO and GRAFFEO, JJ. Cynthia Feathers, Saratoga Springs, for appellant. Andrew G. Schrader, District Attorney, Malone, for respondent.

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered June 3, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant, a prison inmate, pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree in satisfaction of a two-count indictment in connection with his facilitation of a drug transaction between his girlfriend and an undercover officer.   Defendant was sentenced as a second felony offender to 31/212 to 7 years in prison, to run consecutive with the sentence he was currently serving.   Defendant contends on appeal that the sentence is harsh and excessive, particularly in light of, inter alia, the disparity between his sentence and that of his codefendant.   We disagree.   The fact that defendant's sentence was greater than that of his codefendant does not require that the sentence be modified, especially where, as here, the codefendant was adjudicated a youthful offender and apparently had no criminal record (see, People v. Bell, 249 A.D.2d 777, 780, 671 N.Y.S.2d 878, lv. denied 92 N.Y.2d 922, 680 N.Y.S.2d 463, 703 N.E.2d 275;  People v. Durrence, 244 A.D.2d 728, 666 N.Y.S.2d 49, lv. denied 91 N.Y.2d 924, 670 N.Y.S.2d 406, 693 N.E.2d 753).   Given defendant's extensive criminal history, his status as a prison inmate and the favorable plea agreement, we find no extraordinary circumstances warranting the reduction of the sentence imposed (see, People v. Durrence, supra ).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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