People v. McGarry

Appellate Division of the Supreme Court of New York

People v. McGarry

219 A.D.2d 744, 631 N.Y.S.2d 95, 1995 N.Y. App. Div. LEXIS 9169

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

DecidedSeptember 7, 1995

StatusPublished

Cited by9 cases

This text of 219 A.D.2d 744 (People v. McGarry) 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. McGarry, 219 A.D.2d 744, 631 N.Y.S.2d 95, 1995 N.Y. App. Div. LEXIS 9169 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered July 11, 1994, convicting defendant upon her plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a term of 4 to 8 years in prison. She contends that the sentence is harsh and excessive given the health and substance abuse problems she had at the time of committing the crime. In view of defendant’s lengthy criminal record, we do not find that the sentence is harsh or excessive. Moreover, we reject defendant’s claim that the sentence is illegal inasmuch as it is within statutory parameters. Finally, we do not find that County Court abused its discretion in failing to waive the mandatory surcharge.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered July 11, 1994, convicting defendant upon her plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a term of 4 to 8 years in prison. She contends that the sentence is harsh and excessive given the health and substance abuse problems she had at the time of committing the crime. In view of defendant’s lengthy criminal record, we do not find that the sentence is harsh or excessive. Moreover, we reject defendant’s claim that the sentence is illegal inasmuch as it is within statutory parameters. Finally, we do not find that County Court abused its discretion in failing to waive the mandatory surcharge.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

219 A.D.2d 744, 631 N.Y.S.2d 95, 1995 N.Y. App. Div. LEXIS 9169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcgarry-nyappdiv-1995.

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