People v. Atkinson

Appellate Division of the Supreme Court of New York

People v. Atkinson

238 A.D.2d 628, 655 N.Y.S.2d 698, 1997 N.Y. App. Div. LEXIS 3152

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1997·Published·Cited by 1 cases

Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 29, 1995, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree and was sentenced to a prison term of V-js to 4 years. On appeal, defendant argues that his sentence was harsh and excessive and requests that this Court reduce it in the interest of justice. Given defendant’s favorable plea bargain which included a sentence within the statutory parameters and the fact that a pending assault charge was merged into the plea, we find defendant’s argument to be unpersuasive (see, People v Sullivan, 215 AD2d 850; People v Snell, 207 AD2d 925). Accordingly, we decline to disturb the sentence imposed by County Court.

Mercure, J. P., White, Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 29, 1995, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree and was sentenced to a prison term of V-js to 4 years. On appeal, defendant argues that his sentence was harsh and excessive and requests that this Court reduce it in the interest of justice. Given defendant’s favorable plea bargain which included a sentence within the statutory parameters and the fact that a pending assault charge was merged into the plea, we find defendant’s argument to be unpersuasive (see, People v Sullivan, 215 AD2d 850; People v Snell, 207 AD2d 925). Accordingly, we decline to disturb the sentence imposed by County Court.

Mercure, J. P., White, Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

People v. Atkinson, 238 A.D.2d 628, 655 N.Y.S.2d 698, 1997 N.Y. App. Div. LEXIS 3152 (N.Y. Ct. App. 1997).

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Opinion

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