People v. Jones

Appellate Division of the Supreme Court of New York

People v. Jones

258 A.D.2d 920, 685 N.Y.S.2d 135

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

DecidedJanuary 28, 1999

StatusPublished

Cited by2 cases

This text of 258 A.D.2d 920 (People v. Jones) 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. Jones, 258 A.D.2d 920, 685 N.Y.S.2d 135 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment “of the County Court of Chemung County (Castellino, J.), rendered January 17, 1997, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 to 9 years. We are unpersuaded by defendant’s contention that the sentence was harsh and excessive and should be reduced in the interest of justice. Given defendant’s extensive criminal history and the fact that the sentence imposed was less than that recommended by the People, we find no extraordinary circumstances warranting a reduction in defendant’s sentence (see, People v Devivo, 219 AD2d 741, lv denied 87 NY2d 972; People v Carver, 210 AD2d 710, lv denied 85 NY2d 860).

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment “of the County Court of Chemung County (Castellino, J.), rendered January 17, 1997, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 to 9 years. We are unpersuaded by defendant’s contention that the sentence was harsh and excessive and should be reduced in the interest of justice. Given defendant’s extensive criminal history and the fact that the sentence imposed was less than that recommended by the People, we find no extraordinary circumstances warranting a reduction in defendant’s sentence (see, People v Devivo, 219 AD2d 741, lv denied 87 NY2d 972; People v Carver, 210 AD2d 710, lv denied 85 NY2d 860).

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

258 A.D.2d 920, 685 N.Y.S.2d 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-nyappdiv-1999.

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