People v. French

Appellate Division of the Supreme Court of New York

People v. French

134 A.D.3d 1245, 19 N.Y.S.3d 912, 2015 NY Slip Op 09138, 2015 N.Y. App. Div. LEXIS 9174

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 2015·No. 106309·Published·Cited by 3 cases

Opinion

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 27, 2012, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant robbed a bank teller at knife point and, in satisfaction of an indictment charging him with crimes arising from this incident, pleaded guilty to robbery in the first degree. In accordance with the terms of the plea agreement, he was sentenced as a second violent felony offender to 12 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant’s sole contention is that the sentence is harsh and *1246 excessive. We disagree. Defendant has a lengthy criminal record that includes a prior robbery conviction. In view of this, and given that defendant agreed to the sentence as part of the plea agreement, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Jones, 11 AD3d 818, 818 [2004]; see also People v Morgan, 214 AD2d 809, 811 [1995], lv denied 86 NY2d 783 [1995]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 27, 2012, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant robbed a bank teller at knife point and, in satisfaction of an indictment charging him with crimes arising from this incident, pleaded guilty to robbery in the first degree. In accordance with the terms of the plea agreement, he was sentenced as a second violent felony offender to 12 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant’s sole contention is that the sentence is harsh and *1246 excessive. We disagree. Defendant has a lengthy criminal record that includes a prior robbery conviction. In view of this, and given that defendant agreed to the sentence as part of the plea agreement, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Jones, 11 AD3d 818, 818 [2004]; see also People v Morgan, 214 AD2d 809, 811 [1995], lv denied 86 NY2d 783 [1995]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur. Ordered that the judgment is affirmed.

People v. French, 134 A.D.3d 1245, 19 N.Y.S.3d 912, 2015 NY Slip Op 09138, 2015 N.Y. App. Div. LEXIS 9174 (N.Y. Ct. App. 2015).

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Opinion

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