State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: February 5, 2015 106177
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
JENILEE M. GILLESPIE,
Appellant.
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Calendar Date: December 2, 2014
Before: Peters, P.J., Egan Jr., Lynch and Clark, JJ.
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G. Scott Walling, Schenectady, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A.
Douthat of counsel), for respondent.
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Appeal from a judgment of the County Court of Clinton
County (McGill, J.), rendered September 5, 2013, convicting
defendant upon her plea of guilty of the crime of criminal
possession of a forged instrument in the second degree.
Defendant waived indictment and pleaded guilty to a
superior court information charging her with criminal possession
of a forged instrument in the second degree. County Court
sentenced defendant, as second felony offender, to a prison term
of 2 to 4 years. Defendant appeals.
Defendant's sole contention is that the sentence is harsh
and excessive, particularly in light of her history of controlled
substance abuse, and should be modified to a period of parole
supervision. The record reveals that County Court considered
appropriate factors, including defendant's alleged addiction and
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her extensive criminal history, in imposing the minimum statutory
period of incarceration (see Penal Law § 70.06 [3] [d]). A
review of the record evinces neither an abuse of the court's
discretion nor the existence of any extraordinary circumstances
warranting a reduction of the sentence in the interest of justice
(see People v Knott, 92 AD3d 975, 976 [2012], lv denied 18 NY3d
995 [2012]; People v Rockwell, 18 AD3d 969, 971 [2005], lv
denied 5 NY3d 768 [2005]).
Peters, P.J., Egan Jr., Lynch and Clark, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court