People v. Van Nordstrand — 238 A.D.2d 634

Majority

p. 634

The People of the State of New York, Respondent, v David Van Nordstrand, Appellant.

[655 NYS2d 693]

—Appeál from a judgment of the County Court of Schenectady County (Scarano, Jr., J.), rendered January 31, 1996, convicting defen

p. 635

dant upon his plea of guilty of the crime of criminal sale of a controlled substance in the second degree.

In full satisfaction of a five-count indictment, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the second degree and was sentenced, as a predicate felon, to a prison term of seven years to life. Defendant contends that his sentence is harsh and excessive given the fact that he, inter alia, has a son and a disabled wife, has a history of steady employment and has had success in drug treatment. In light of defendant’s past criminal history, which includes a drug-related conviction, as well as the fact that defendant received the agreed-upon sentence which is within the statutory limits, we reject defendant’s contention and find that the sentence imposed was neither harsh nor excessive (see, People v Roldan, 223 AD2d 893 , lv denied 88 NY2d 993 ; People v Martinez, 184 AD2d 869 , lv denied 80 NY2d 906 ). .

Cardona, P. J., Mikoll, Mercure, Crew III and Peters, JJ., concur. Ordered that the judgment is affirmed.