People v. Butterfield

Appellate Division of the Supreme Court of New York

People v. Butterfield

9 A.D.3d 682, 779 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 9755

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

DecidedJuly 15, 2004

StatusPublished

Cited by2 cases

This text of 9 A.D.3d 682 (People v. Butterfield) 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. Butterfield, 9 A.D.3d 682, 779 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 9755 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered June 25, 2001, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the crime of robbery in the first degree and was sentenced to a prison term of eight years, followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh and excessive and that extraordinary circumstances, consisting of his positive progress in a drug treatment program and lack of felony convictions, warrant a reduction of the sentence in the interest of justice. We disagree. Defendant was sentenced in accordance with the negotiated plea agreement and, given the violent nature of the crime, his prior criminal history and his long-standing substance abuse, we find no reason to disturb the sentence imposed (see People v Smith, 2 AD3d 1057 [2003], lv denied 2 NY3d 746 [2004]; People v Mondolfi, 309 AD2d 975 [2003]).

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

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Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered June 25, 2001, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the crime of robbery in the first degree and was sentenced to a prison term of eight years, followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh and excessive and that extraordinary circumstances, consisting of his positive progress in a drug treatment program and lack of felony convictions, warrant a reduction of the sentence in the interest of justice. We disagree. Defendant was sentenced in accordance with the negotiated plea agreement and, given the violent nature of the crime, his prior criminal history and his long-standing substance abuse, we find no reason to disturb the sentence imposed (see People v Smith, 2 AD3d 1057 [2003], lv denied 2 NY3d 746 [2004]; People v Mondolfi, 309 AD2d 975 [2003]).

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

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Bluebook (online)

9 A.D.3d 682, 779 N.Y.S.2d 820, 2004 N.Y. App. Div. LEXIS 9755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butterfield-nyappdiv-2004.

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