People v. Fish

Appellate Division of the Supreme Court of New York

People v. Fish

203 A.D.2d 828, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4422

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 828 (People v. Fish) 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. Fish, 203 A.D.2d 828, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4422 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 19, 1993, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.

Upon pleading guilty to attempted burglary in the third degree, defendant was sentenced to a term of imprisonment of 1 to 3 years. Defendant’s only contention on appeal is that this sentence is harsh and excessive. Given defendant’s criminal record, his history of being a poor candidate for probation and the recommendation that incarceration was warranted, we see no reason to disturb the sentence imposed by County Court.

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

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—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 19, 1993, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.

Upon pleading guilty to attempted burglary in the third degree, defendant was sentenced to a term of imprisonment of 1 to 3 years. Defendant’s only contention on appeal is that this sentence is harsh and excessive. Given defendant’s criminal record, his history of being a poor candidate for probation and the recommendation that incarceration was warranted, we see no reason to disturb the sentence imposed by County Court.

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

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Bluebook (online)

203 A.D.2d 828, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fish-nyappdiv-1994.

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