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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS SANTIAGO, Appellant.

MEMORANDUM AND ORDER

Following a jury trial, defendant was found guilty of the crime of promoting prison contraband in the first degree. He was sentenced as a second felony offender to a prison term of 3 to 6 years to run consecutive with his existing prison sentence. We are unpersuaded by defendant's sole contention on appeal that the sentence imposed was harsh and excessive. County Court appropriately considered the nature of the crime and defendant's extensive criminal history before imposing sentence. Inasmuch as the record reveals no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence imposed ( see People v. Pagan, 304 A.D.2d 980, 981, lv denied 100 N.Y.2d 564; People v. Anderson, 299 A.D.2d 578, 579-580, lv denied 99 N.Y.2d 580), it will not be disturbed.

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed.

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PEOPLE v. SANTIAGO
(Apr 29, 2004)