State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 24, 2015 106867
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
MARK E. RUISE,
Appellant.
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Calendar Date: August 10, 2015
Before: Peters, P.J., Rose, Lynch and Clark, JJ.
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Michael P. Graven, Owego, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Damian M.
Sonsire of counsel), for respondent.
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Appeal from a judgment of the County Court of Chemung
County (Hayden, J.), rendered February 3, 2014, convicting
defendant upon his plea of guilty of the crime of criminal sale
of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant
pleaded guilty to criminal sale of a controlled substance in the
third degree and was sentenced as a second felony offender, in
accordance with the plea agreement, to a prison term of three
years, followed by two years of postrelease supervision.
Defendant appeals, contending that the sentence imposed was harsh
and excessive, particularly given his mental health issues. We
disagree. Noting defendant's criminal history and the favorable
plea resolution, we find no abuse of discretion by County Court
nor any extraordinary circumstances warranting a modification of
the bargained-for sentence (see People v Nixon, 98 AD3d 1169,
-2- 106867
1169 [2012]; People v Ross, 45 AD3d 897, 897 [2007]).
Peters, P.J., Rose, Lynch and Clark, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court