X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Michelle E. Stone, Vestal, for appellant. Letitia James, Attorney General, New York City (Ira M. Feinberg of counsel), for respondent. Appeal from a judgment of the County Court of Tioga County (Gerald A. Keene, J.), rendered August 22, 2020, convicting defendant upon her plea of guilty of the crime of criminal sale of a controlled substance in the third degree. Following an 18-month investigation by the Attorney General’s Organized Crime Task Force into narcotics trafficking in multiple counties, a 229-count indictment was handed up in May 2017 that charged 31 people, including defendant, with conspiracy to sell narcotics, namely heroin, and various other drug-related crimes. Defendant was also charged with 23 other crimes, including 14 counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a weapon in the second degree after loaded handguns were found in her home upon execution of a search warrant. Pursuant to a negotiated plea agreement, defendant ultimately pleaded guilty to a single count of criminal sale of a controlled substance in the third degree in satisfaction of all charges, in exchange for a promised prison sentence of seven years to be followed by two years of postrelease supervision. County Court thereafter imposed the agreed- upon sentence. Defendant appeals. Defendant’s sole contention is that the prison sentence imposed is harsh and excessive, which she asks this Court to reduce to three years (see CPL 470.15 [3] [c]; [6] [b]). Defendant contends that her background, limited criminal history[1] and coercive and abusive relationship with one of the codefendants, described by the Probation Department as a major drug trafficker with a history of mistreating women, warrants a reduction in the negotiated sentence. However, the indicted charges concern defendant’s direct role in this drug trafficking enterprise in which she was observed and overheard on wiretaps selling heroin to other dealers or users on 13 occasions between January and March 2017, permitted loaded guns and drug packaging paraphernalia to be present in her home and continued to participate in the drug conspiracy and distribution long after she separated from her boyfriend and he moved to another city in 2016. In view of the seriousness of defendant’s criminal conduct over a protracted period of time, the advantageous plea deal in the face of potential lengthy and consecutive sentences if convicted of the charged crimes and the absence of compelling mitigating factors, we do not find that the agreed- upon sentence was unduly harsh or severe so as to warrant invoking our interest of justice power to reduce it (see CPL 470.15 [6] [b]). Garry, P.J., Egan Jr., Pritzker, Powers and Mackey, JJ., concur. ORDERED that the judgment is affirmed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

Our client, a highly distinguished regional law firm, is seeking to hire a Capital Markets Associate for their growing office. Candidates s...


Apply Now ›

Carlton Fields is seeking an associate to join our Hartford office with three to five years of construction litigation experience. Excellent...


Apply Now ›

PERSONAL INJURY LITIGATION IN A MID-SIZE MONMOUTH COUNTY LAW FIRM Maggs, McDermott & DiCicco, we are looking for an associate with app...


Apply Now ›