People v. Gardner

Appellate Division of the Supreme Court of New York

People v. Gardner

53 A.D.2d 781, 384 N.Y.S.2d 554, 1976 N.Y. App. Div. LEXIS 13568

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

DecidedJune 17, 1976

StatusPublished

This text of 53 A.D.2d 781 (People v. Gardner) 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. Gardner, 53 A.D.2d 781, 384 N.Y.S.2d 554, 1976 N.Y. App. Div. LEXIS 13568 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment of the County Court of Chemung County, rendered November 3, 1975, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the fifth degree, a class C felony. Defendant urges that the sentence to an indeterminate term not to exceed five years was harsh and excessive. Considering that defendant could have received a maximum of 15 years and not less than a mandatory three years upon his conviction for a class C felony, the County Court’s imposition of a five-year maximum sentence cannot be said to constitute a clear abuse of its discretion, despite defendant’s prior character and record which was fully presented to the trial court (People v Dittmar, 41 AD2d 788). Judgment affirmed. Sweeney, J. P., Kane, Larkin, Herlihy and Reynolds, JJ., concur.

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Appeal from a judgment of the County Court of Chemung County, rendered November 3, 1975, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the fifth degree, a class C felony. Defendant urges that the sentence to an indeterminate term not to exceed five years was harsh and excessive. Considering that defendant could have received a maximum of 15 years and not less than a mandatory three years upon his conviction for a class C felony, the County Court’s imposition of a five-year maximum sentence cannot be said to constitute a clear abuse of its discretion, despite defendant’s prior character and record which was fully presented to the trial court (People v Dittmar, 41 AD2d 788). Judgment affirmed. Sweeney, J. P., Kane, Larkin, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

53 A.D.2d 781, 384 N.Y.S.2d 554, 1976 N.Y. App. Div. LEXIS 13568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gardner-nyappdiv-1976.

Opinion

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