People v. Robles

Appellate Division of the Supreme Court of New York

People v. Robles

201 A.D.2d 812, 608 N.Y.S.2d 895, 1994 N.Y. App. Div. LEXIS 1133

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 812 (People v. Robles) 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. Robles, 201 A.D.2d 812, 608 N.Y.S.2d 895, 1994 N.Y. App. Div. LEXIS 1133 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered March 17, 1993, convicting defendant upon his pleas of guilty of the crimes of criminal sale of a controlled substance in the second degree (two counts), criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree (two counts), criminal sale of a firearm in the third degree and criminal possession of a firearm in the fourth degree.

Upon his pleas of guilty to three separate indictments, defendant received eight concurrent prison sentences, the harshest of which was six years to life. He now claims that the sentences of six years to life on the two class A-II felonies are harsh and excessive. In rejecting this claim, we note that the sentences were well within the statutory guidelines and were pursuant to the terms of the plea wherein the parties agreed to a cap of six years to life. Given these facts, coupled with the nature of the crimes and the circumstances surrounding them, we find no reason to disturb the sentences imposed by County Court.

Cardona, P. J., Mercure, White, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered March 17, 1993, convicting defendant upon his pleas of guilty of the crimes of criminal sale of a controlled substance in the second degree (two counts), criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree (two counts), criminal sale of a firearm in the third degree and criminal possession of a firearm in the fourth degree.

Upon his pleas of guilty to three separate indictments, defendant received eight concurrent prison sentences, the harshest of which was six years to life. He now claims that the sentences of six years to life on the two class A-II felonies are harsh and excessive. In rejecting this claim, we note that the sentences were well within the statutory guidelines and were pursuant to the terms of the plea wherein the parties agreed to a cap of six years to life. Given these facts, coupled with the nature of the crimes and the circumstances surrounding them, we find no reason to disturb the sentences imposed by County Court.

Cardona, P. J., Mercure, White, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

201 A.D.2d 812, 608 N.Y.S.2d 895, 1994 N.Y. App. Div. LEXIS 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robles-nyappdiv-1994.