People v. Bump

Appellate Division of the Supreme Court of New York

People v. Bump

170 A.D.2d 893, 567 N.Y.S.2d 381, 1991 N.Y. App. Div. LEXIS 2457

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

DecidedFebruary 28, 1991

StatusPublished

This text of 170 A.D.2d 893 (People v. Bump) 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. Bump, 170 A.D.2d 893, 567 N.Y.S.2d 381, 1991 N.Y. App. Div. LEXIS 2457 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered October 13, 1989, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Pursuant to a negotiated plea, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fourth degree and was sentenced to an indeterminate prison term of 2 to 6 years. She presents no extraordinary circumstances in support of her claim that the sentence was harsh and excessive. The sentence was in accord with the plea-bargain agreement and, had the original two-count indictment gone to trial, defendant might well have received a greater sentence. Accordingly, we find no abuse of discretion by County Court in imposing sentence (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Judgment affirmed. Mahoney, P. J., Mikoll, Yesawich, Jr., Crew III, and Harvey, JJ., concur.

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Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered October 13, 1989, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Pursuant to a negotiated plea, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fourth degree and was sentenced to an indeterminate prison term of 2 to 6 years. She presents no extraordinary circumstances in support of her claim that the sentence was harsh and excessive. The sentence was in accord with the plea-bargain agreement and, had the original two-count indictment gone to trial, defendant might well have received a greater sentence. Accordingly, we find no abuse of discretion by County Court in imposing sentence (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Judgment affirmed. Mahoney, P. J., Mikoll, Yesawich, Jr., Crew III, and Harvey, JJ., concur.

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Bluebook (online)

170 A.D.2d 893, 567 N.Y.S.2d 381, 1991 N.Y. App. Div. LEXIS 2457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bump-nyappdiv-1991.

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