People v. Posey, 131 A.D.3d 1327 (N.Y. App. Div. 2015). · Go Syfert
People v. Posey, 131 A.D.3d 1327 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Pentalow (nyappdiv, 2021-07-08)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Pentalow
N.Y. App. Div. · 2021 · confidence medium
Under the circumstances, we do not find concurrent jail sentences of 120 days for each DWI conviction to be harsh or excessive ( see People v Tetreault , 131 AD3d 1327, 1328 [2015]; People v La Veglia , 215 AD2d 836, 837 [1995]).
discussed Cited as authority (rule) People v. Henry
N.Y. App. Div. · 2019 · confidence medium
In the absence of extraordinary circumstances or an abuse of discretion, we see no basis to modify the sentence in the interest of justice ( see People v Rumola , 164 AD3d 1550 , 1551 [2018]; People v Best , 158 AD3d 989 , 990 [2018]; People v Tetreault , 131 AD3d 1327, 1328 [2015]).
discussed Cited as authority (rule) People v. Hatch
N.Y. App. Div. · 2018 · confidence medium
Finally, a review of the sentencing minutes confirms that County Court took into consideration the nature of the crime and other relevant sentencing factors, including defendant's prior criminal history and professed remorse, and we find no extraordinary circumstances or abuse of discretion [*2]warranting a reduction of the sentence imposed in the interest of justice ( see People v Tetreault , 131 AD3d 1327, 1328 [2015]; People v Harden , 6 AD3d 987, 987-988 [2004]).
discussed Cited as authority (rule) People v. O'Leary
N.Y. App. Div. · 2018 · confidence medium
Despite defendant's expressed remorse at sentencing, given his criminal history and the extent of the victim's injuries, we discern no basis upon which to disturb the sentence imposed ( see generally People v Tetreault , 131 AD3d 1327, 1328 [2015]; People v Jarvis , 115 AD3d 1121, 1121 [2014], lv denied 23 NY3d 1038 [2014]).
discussed Cited as authority (rule) People v. Webb
N.Y. App. Div. · 2016 · confidence medium
Turning to the merits, in light of defendant’s criminal history and the severity of the conduct underlying his conviction, we reject his sole contention on appeal that the sentence imposed by County Court was harsh and excessive (see People v Tetreault, 131 AD3d 1327, 1328 [2015]; People v Rabideau, 130 AD3d 1094, 1095 [2015]; People v Ensley, 53 AD3d 929, 930 [2008]).
discussed Cited as authority (rule) People v. Fagan
N.Y. App. Div. · 2015 · confidence medium
We further note that, as a second felony drug offender, defendant faced a potential maximum sentence of eight years (see Penal Law §§ 70.45 [2] [d]; 70.70 [3] [b] [ii]), and, in view of his criminal history, we discern no extraordinary circumstances warranting a modification of the sentence in the interest of justice (see People v Tetreault, 131 AD3d 1327, 1328 [2015]; People v Charles, 258 AD2d 740 , 740-741 [1999], lv denied 93 NY2d 968 [1999]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Lawrence W. Posey, Appellant
106677.
Appellate Division of the Supreme Court of the State of New York.
Sep 24, 2015.
131 A.D.3d 1327
Devine, Egan, Garry, Lynch, Ordered.
Published

Appeal from a judgment of the County Court of Columbia County (Koweek, J.), rendered January 15, 2014, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant waived indictment and pleaded guilty to criminal possession of a controlled substance in the third degree as charged in a superior court information. Under the terms of the plea agreement, County Court was to sentence defendant, in accordance with a joint recommendation, to three years in prison, to be followed by two years of postrelease supervision, provided that he appeared for sentencing. Defendant, however, fled to Florida where he was convicted of additional drug-related crimes. He was extradited to New York and, when he appeared for sentencing, he was sentenced to 4V2 years in prison, to be followed by two years of postrelease supervision. Defendant now appeals.

Defendant’s sole contention is that the enhanced sentence is harsh and excessive. We disagree. Defendant was fully informed of the consequences of failing to appear at sentencing at the time that he entered his guilty plea, but chose to travel to Florida where he remained for a substantial period of time and committed further crimes before being extradited to New York. In view of this, we find no abuse of discretion nor any extraordinary consequences warranting a reduction of the sentence in the interest of justice (see People v Rencher, 65 AD3d 1389, 1390 [2009], lv denied 13 NY3d 910 [2009]; see also People v Johnson, 20 AD3d 591, 592 [2005], lv denied 5 NY3d 807 [2005]).

Garry, J.R, Egan Jr., Lynch and Devine, JJ., concur. Ordered

that the judgment is affirmed.