PEOPLE STATE OF v. BYRNE

Reset A A Font size: Print

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

The PEOPLE of the STATE OF New York, Respondent, v. Patricia H. O'BYRNE, Appellant.

Decided: June 24, 1999

Before:  MERCURE, J.P., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ. Paul L. Gruner, Public Defender (Denise Y. Dourdeville of counsel), Kingston, for appellant. Donald A. Williams, District Attorney (Joan Gudesblatt Lamb of counsel), Kingston, for respondent.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 20, 1998, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Pursuant to a counseled plea agreement, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the second degree in full satisfaction of a four-count indictment and was sentenced to the maximum permissible prison term of 81/313 years to life.   On appeal, defendant contends that the sentence imposed is harsh and excessive.   We disagree.   The record reveals that drug packaging materials, balance scales, over $1,500 in cash and more than eight ounces of cocaine evidencing defendant's extensive involvement in procuring the drugs were recovered from defendant's home.   Notwithstanding defendant's lack of criminal history, given these factors and the fact that defendant agreed to the sentence as part of the negotiated plea bargain, we find no extraordinary circumstances nor abuse of discretion warranting a modification of the sentence imposed (see, People v. Mares, 256 A.D.2d 716, 682 N.Y.S.2d 692, lv. denied 92 N.Y.2d 1035, 684 N.Y.S.2d 500, 707 N.E.2d 455;  People v. Etheridge, 233 A.D.2d 626, 650 N.Y.S.2d 320, lv. denied 89 N.Y.2d 921, 654 N.Y.S.2d 723, 677 N.E.2d 295).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

Copied to clipboard