People v. Guarini

Appellate Division of the Supreme Court of New York

People v. Guarini

193 A.D.2d 961, 598 N.Y.S.2d 1007, 1993 N.Y. App. Div. LEXIS 5102

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 1993·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 14, 1991, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant’s only contention upon this appeal is that the sentence of 3 Vs to 10 years’ imprisonment that he received upon his guilty plea was harsh and excessive. Defendant was allowed to plead guilty to one count of the crime of burglary in the second degree in satisfaction of a two-count indictment and did so knowing that he would receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899; People v Du Bray, 76 AD2d 976).

[962]*962Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 14, 1991, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant’s only contention upon this appeal is that the sentence of 3 Vs to 10 years’ imprisonment that he received upon his guilty plea was harsh and excessive. Defendant was allowed to plead guilty to one count of the crime of burglary in the second degree in satisfaction of a two-count indictment and did so knowing that he would receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899; People v Du Bray, 76 AD2d 976).

[962]*962Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

People v. Guarini, 193 A.D.2d 961, 598 N.Y.S.2d 1007, 1993 N.Y. App. Div. LEXIS 5102 (N.Y. Ct. App. 1993).

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Opinion

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