People v. Gillespie

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: February 5, 2015 106177 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER JENILEE M. GILLESPIE, Appellant. ________________________________ Calendar Date: December 2, 2014 Before: Peters, P.J., Egan Jr., Lynch and Clark, JJ. __________ G. Scott Walling, Schenectady, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent. __________ 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 -2- 106177 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