People v. Dryden

Appellate Division of the Supreme Court of New York

People v. Dryden

115 A.D.2d 107, 495 N.Y.S.2d 665, 1985 N.Y. App. Div. LEXIS 54378

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 107 (People v. Dryden) 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. Dryden, 115 A.D.2d 107, 495 N.Y.S.2d 665, 1985 N.Y. App. Div. LEXIS 54378 (N.Y. Ct. App. 1985).

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Opinion

Kane, J.

Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered December 3, 1984, convicting defendant upon his plea of guilty of the crime of criminal sale of marihuana in the second degree.

Defendant was sentenced to a term of imprisonment with a minimum term of one year and a maximum term of three years. This sentence did not exceed that which was agreed to by defendant as a condition of his plea. Accordingly, since defendant’s sole argument on appeal is that his sentence was harsh and excessive, we must dismiss the appeal (CPL 450.10; People v Terry, 114 AD2d 657). In any event, were we to reach the merits, we would reject defendant’s argument.

Appeal dismissed. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Kane, J.

Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered December 3, 1984, convicting defendant upon his plea of guilty of the crime of criminal sale of marihuana in the second degree.

Defendant was sentenced to a term of imprisonment with a minimum term of one year and a maximum term of three years. This sentence did not exceed that which was agreed to by defendant as a condition of his plea. Accordingly, since defendant’s sole argument on appeal is that his sentence was harsh and excessive, we must dismiss the appeal (CPL 450.10; People v Terry, 114 AD2d 657). In any event, were we to reach the merits, we would reject defendant’s argument.

Appeal dismissed. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Bluebook (online)

115 A.D.2d 107, 495 N.Y.S.2d 665, 1985 N.Y. App. Div. LEXIS 54378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dryden-nyappdiv-1985.

Opinion

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