People v. Kelly

Appellate Division of the Supreme Court of New York

People v. Kelly

279 A.D.2d 891, 718 N.Y.S.2d 906, 2001 N.Y. App. Div. LEXIS 718

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

DecidedJanuary 25, 2001

StatusPublished

Cited by4 cases

This text of 279 A.D.2d 891 (People v. Kelly) 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. Kelly, 279 A.D.2d 891, 718 N.Y.S.2d 906, 2001 N.Y. App. Div. LEXIS 718 (N.Y. Ct. App. 2001).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 3, 1999, convicting defendant upon her plea of guilty of the crime of attempted sale of a controlled substance in the third degree.

Defendant pleaded guilty to a reduced charge of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3V2 to 7 years. Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol addiction and her expression of remorse. In light of defendant’s criminal history and the fact that the sentence was in accordance with the plea agreement, we find no reason to disturb the sentence imposed (see, People v Oliver, 251 AD2d 749; People v Williams, 238 AD2d 633, lv denied 90 NY2d 866).

Cardona, P. J., Mercure, Peters, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 3, 1999, convicting defendant upon her plea of guilty of the crime of attempted sale of a controlled substance in the third degree.

Defendant pleaded guilty to a reduced charge of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3V2 to 7 years. Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol addiction and her expression of remorse. In light of defendant’s criminal history and the fact that the sentence was in accordance with the plea agreement, we find no reason to disturb the sentence imposed (see, People v Oliver, 251 AD2d 749; People v Williams, 238 AD2d 633, lv denied 90 NY2d 866).

Cardona, P. J., Mercure, Peters, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

279 A.D.2d 891, 718 N.Y.S.2d 906, 2001 N.Y. App. Div. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-2001.

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