People v. Feliciano

Appellate Division of the Supreme Court of New York

People v. Feliciano

247 A.D.2d 654, 668 N.Y.S.2d 951, 1998 N.Y. App. Div. LEXIS 943

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

DecidedFebruary 5, 1998

StatusPublished

Cited by1 cases

This text of 247 A.D.2d 654 (People v. Feliciano) 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. Feliciano, 247 A.D.2d 654, 668 N.Y.S.2d 951, 1998 N.Y. App. Div. LEXIS 943 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered October 11, 1996, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to possession of a controlled substance in the fifth degree, [655]*655waiving his right to appeal. Defendant has nonetheless appealed, contending that his sentence of 1½ to 4½ years’ imprisonment was harsh and excessive. Defendant has, however, failed to preserve this issue for our review (see, People v Wilson, 209 AD2d 792, lv denied 84 NY2d 1040) and it is, in any event, without merit. The sentence was the agreed-upon result of a plea bargain pursuant to which two considerably more serious drug-related charges against defendant were dropped. The sentence imposed by County Court cannot be characterized as an abuse of discretion nor are there any extraordinary circumstances present; therefore, we decline to disturb it (see, People v Coss, 217 AD2d 720, lv denied 86 NY2d 872; People v Fuller, 185 AD2d 446, lv denied 80 NY2d 974).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered October 11, 1996, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to possession of a controlled substance in the fifth degree, [655]*655waiving his right to appeal. Defendant has nonetheless appealed, contending that his sentence of 1½ to 4½ years’ imprisonment was harsh and excessive. Defendant has, however, failed to preserve this issue for our review (see, People v Wilson, 209 AD2d 792, lv denied 84 NY2d 1040) and it is, in any event, without merit. The sentence was the agreed-upon result of a plea bargain pursuant to which two considerably more serious drug-related charges against defendant were dropped. The sentence imposed by County Court cannot be characterized as an abuse of discretion nor are there any extraordinary circumstances present; therefore, we decline to disturb it (see, People v Coss, 217 AD2d 720, lv denied 86 NY2d 872; People v Fuller, 185 AD2d 446, lv denied 80 NY2d 974).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.

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Bluebook (online)

247 A.D.2d 654, 668 N.Y.S.2d 951, 1998 N.Y. App. Div. LEXIS 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-feliciano-nyappdiv-1998.

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