People v. Bagot

Appellate Division of the Supreme Court of New York

People v. Bagot

262 A.D.2d 674, 692 N.Y.S.2d 480, 1999 N.Y. App. Div. LEXIS 6233

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 674 (People v. Bagot) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bagot, 262 A.D.2d 674, 692 N.Y.S.2d 480, 1999 N.Y. App. Div. LEXIS 6233 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 8, 1997, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a negotiated plea bargain, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fifth degree in satisfaction of a three-count indictment and was sentenced as a second felony offender to a term of 2V2 to 5 years in prison. Defendant now argues that this sentence was harsh and excessive principally due to his troubled upbringing. Notably, where a sentence is within permissible statutory ranges, it shall not be disturbed unless the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification (see, People v Dolphy, 257 AD2d 681, lv denied 93 NY2d 872). Here, we find no [675]*675abuse of discretion by County Court. Furthermore, upon review of the record and presentence report, we find no reason to disturb the sentence imposed in the interest of justice (see, id.).

Cardona, P. J., Mikoll, Mercure, Carpinello and Graffeo, 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 December 8, 1997, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a negotiated plea bargain, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fifth degree in satisfaction of a three-count indictment and was sentenced as a second felony offender to a term of 2V2 to 5 years in prison. Defendant now argues that this sentence was harsh and excessive principally due to his troubled upbringing. Notably, where a sentence is within permissible statutory ranges, it shall not be disturbed unless the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification (see, People v Dolphy, 257 AD2d 681, lv denied 93 NY2d 872). Here, we find no [675]*675abuse of discretion by County Court. Furthermore, upon review of the record and presentence report, we find no reason to disturb the sentence imposed in the interest of justice (see, id.).

Cardona, P. J., Mikoll, Mercure, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

262 A.D.2d 674, 692 N.Y.S.2d 480, 1999 N.Y. App. Div. LEXIS 6233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bagot-nyappdiv-1999.

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