People v. Higgins

Appellate Division of the Supreme Court of New York

People v. Higgins

19 A.D.3d 877, 796 N.Y.S.2d 751, 2005 N.Y. App. Div. LEXIS 7082

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

DecidedJune 23, 2005

StatusPublished

Cited by14 cases

This text of 19 A.D.3d 877 (People v. Higgins) 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. Higgins, 19 A.D.3d 877, 796 N.Y.S.2d 751, 2005 N.Y. App. Div. LEXIS 7082 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 14, 2003, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years. Defendant appeals, contending that the sentence should be reduced in the interest of justice. We disagree. Defendant was sentenced in accordance with the plea agreement and, given his lengthy and violent criminal history, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Smith, 2 AD3d [878]*8781057, 1058 [2003], lv denied 2 NY3d 746 [2004]; People v Archangel, 272 AD2d 686, 687 [2000]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, 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 July 14, 2003, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years. Defendant appeals, contending that the sentence should be reduced in the interest of justice. We disagree. Defendant was sentenced in accordance with the plea agreement and, given his lengthy and violent criminal history, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Smith, 2 AD3d [878]*8781057, 1058 [2003], lv denied 2 NY3d 746 [2004]; People v Archangel, 272 AD2d 686, 687 [2000]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

19 A.D.3d 877, 796 N.Y.S.2d 751, 2005 N.Y. App. Div. LEXIS 7082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-higgins-nyappdiv-2005.

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