People v. Devivo

Appellate Division of the Supreme Court of New York

People v. Devivo

219 A.D.2d 741, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9184

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

DecidedSeptember 7, 1995

StatusPublished

Cited by2 cases

This text of 219 A.D.2d 741 (People v. Devivo) 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. Devivo, 219 A.D.2d 741, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9184 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered August 11, 1993, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of two indictments charging him with six counts of criminal sale of a controlled substance in the third degree as well as the dismissal of one charge of petit larceny, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree and received a sentence of 3 to 9 years in prison. The record reveals that defendant has an extensive criminal record and prior probation violations. In view of this, we reject defendant’s claim that the sentence is harsh and excessive. We have considered defendant’s remaining arguments, including those contained in his pro se brief, and find them to be without merit.

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, 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 August 11, 1993, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of two indictments charging him with six counts of criminal sale of a controlled substance in the third degree as well as the dismissal of one charge of petit larceny, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree and received a sentence of 3 to 9 years in prison. The record reveals that defendant has an extensive criminal record and prior probation violations. In view of this, we reject defendant’s claim that the sentence is harsh and excessive. We have considered defendant’s remaining arguments, including those contained in his pro se brief, and find them to be without merit.

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

219 A.D.2d 741, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-devivo-nyappdiv-1995.

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