People v Powell, 2021 NY Slip Op 06376 [199 AD3d 941]

November 17, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Paris Powell, Appellant.

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel; Meghan E. Garvey on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (David S. Zuckerman, J., at plea; Larry J. Schwartz, J., at sentence), rendered February 11, 2019, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, under all of the attendant circumstances, including his lengthy criminal history and his failure to benefit from prior instances of sentencing leniency and substance abuse treatment, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Mastro, J.P., Hinds-Radix, Brathwaite Nelson and Genovesi, JJ., concur..