People v. Oliver

Appellate Division of the Supreme Court of New York

People v. Oliver

251 A.D.2d 749, 673 N.Y.S.2d 337, 1998 N.Y. App. Div. LEXIS 6772

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

DecidedJune 11, 1998

StatusPublished

Cited by2 cases

This text of 251 A.D.2d 749 (People v. Oliver) 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. Oliver, 251 A.D.2d 749, 673 N.Y.S.2d 337, 1998 N.Y. App. Div. LEXIS 6772 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered January 10, 1996, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of attempted criminal possession 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 appeals, contending that his prison sentence is harsh and excessive. We disagree. Defendant was permitted to plead to a lesser crime than that with which he was originally charged and he was sentenced in accordance with the plea agreement (see, People v Williams, 238 AD2d 633, lv denied 90 NY2d 866). Furthermore, we find no extraordinary circumstances warranting a reduction of the sentence imposed. Accordingly, we conclude that the sentence should not be disturbed (see, id.).

Mikoll, J. P., Mercure, White, 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 (Danaher, Jr., J.), rendered January 10, 1996, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of attempted criminal possession 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 appeals, contending that his prison sentence is harsh and excessive. We disagree. Defendant was permitted to plead to a lesser crime than that with which he was originally charged and he was sentenced in accordance with the plea agreement (see, People v Williams, 238 AD2d 633, lv denied 90 NY2d 866). Furthermore, we find no extraordinary circumstances warranting a reduction of the sentence imposed. Accordingly, we conclude that the sentence should not be disturbed (see, id.).

Mikoll, J. P., Mercure, White, Peters and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

251 A.D.2d 749, 673 N.Y.S.2d 337, 1998 N.Y. App. Div. LEXIS 6772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oliver-nyappdiv-1998.

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