People v. Galloway

Appellate Division of the Supreme Court of New York

People v. Galloway

172 A.D.2d 879, 568 N.Y.S.2d 882, 1991 N.Y. App. Div. LEXIS 4211

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

DecidedApril 4, 1991

StatusPublished

This text of 172 A.D.2d 879 (People v. Galloway) 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. Galloway, 172 A.D.2d 879, 568 N.Y.S.2d 882, 1991 N.Y. App. Div. LEXIS 4211 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 8, 1989, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

We reject defendant’s assertion that the prison sentence he received of 4 to 8 years as a second felony offender was harsh and excessive. The sentence was in accord with the plea bargain agreement and was well within the statutory limits (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899). Given defendant’s criminal record and the fact that the plea was in full satisfaction of a four-count indictment, we find no abuse of discretion in the sentence imposed by County Court (see, People v Dean, 155 AD2d 774, lv denied 75 NY2d 812).

Judgment affirmed. Casey, J. P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.

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Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 8, 1989, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

We reject defendant’s assertion that the prison sentence he received of 4 to 8 years as a second felony offender was harsh and excessive. The sentence was in accord with the plea bargain agreement and was well within the statutory limits (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899). Given defendant’s criminal record and the fact that the plea was in full satisfaction of a four-count indictment, we find no abuse of discretion in the sentence imposed by County Court (see, People v Dean, 155 AD2d 774, lv denied 75 NY2d 812).

Judgment affirmed. Casey, J. P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.

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Bluebook (online)

172 A.D.2d 879, 568 N.Y.S.2d 882, 1991 N.Y. App. Div. LEXIS 4211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galloway-nyappdiv-1991.

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