PEOPLE v. GAY

Defendant was serving a five-year term of probation following his conviction of the crime of attempted criminal possession of a controlled substance in the third degree when he was arrested and charged with criminal possession of a controlled substance in the third degree. Thereafter, County Court found defendant guilty of violating the terms of his probation by committing another crime, revoked his probation and sentenced him to a prison term of 4½ to 13½ years. Defendant appeals.

Defendant contends that the sentence imposed was harsh and excessive. We disagree. Given that defendant had served only 3½ months of a previous term of probation when he was arrested for committing additional drug-related crimes, we find that the sentence was appropriate (see People v. De La Cruz, 282 A.D.2d 775). As there are no extraordinary circumstances warranting a reduction of the sentence in the interest of justice, it will not be disturbed (see People v. Murphy, 257 A.D.2d 766, 767, lv denied 93 N.Y.2d 876).

Peters, J.P., Spain, Carpinello, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.