THE PEOPLE OF THE STATE OF NEW YORK v. SHON JOHNSON

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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHON JOHNSON, Appellant.

106319

Decided: August 06, 2015

Before:  Garry, J.P., Egan Jr., Lynch and Devine, JJ. Mark Schneider, Plattsburgh, for appellant. Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  June 8, 2015

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered September 30, 2013, upon a verdict convicting defendant of the crimes of promoting prison contraband in the first degree and attempted assault in the second degree.

While incarcerated at a state correctional facility, defendant altered a state-issued razor blade and used it to cut a correction officer's wrist.   As a result, defendant was charged by indictment with promoting prison contraband in the first degree and attempted assault in the second degree.   Following a jury trial, defendant was convicted as charged.   Defendant was thereafter sentenced, as a second felony offender, to an aggregate prison term of 31/212 to 7 years, to run consecutively to the time remaining on his prior undischarged term.   Defendant now appeals.

We affirm.   Defendant's sole contention is that the imposition of the maximum possible sentence is harsh and excessive in light of his documented mental health history.   However, the record reveals that County Court was fully apprised of defendant's mental health history, including the fact that a court-ordered psychiatric examination revealed that defendant suffered from psychotic disorder not otherwise specified, but that he did not lack the capacity to understand the proceedings and participate in his defense.   In view of this, and given defendant's lengthy criminal history—which includes a prior conviction for assaulting a correction officer—we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Santiago, 6 AD3d 979, 979 [2004];  People v. Pagan, 304 A.D.2d 980, 981 [2003], lv denied 100 N.Y.2d 564 [2003];  People v. Youmans, 292 A.D.2d 647, 649 [2002], lv denied 98 N.Y.2d 704 [2002] ).

Garry, J.P., Egan Jr., Lynch and Devine, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court

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