People v. Rosa-Oyola

Appellate Division of the Supreme Court of New York

People v. Rosa-Oyola

301 A.D.2d 750, 752 N.Y.S.2d 915, 2003 N.Y. App. Div. LEXIS 77

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

DecidedJanuary 9, 2003

StatusPublished

Cited by2 cases

This text of 301 A.D.2d 750 (People v. Rosa-Oyola) 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. Rosa-Oyola, 301 A.D.2d 750, 752 N.Y.S.2d 915, 2003 N.Y. App. Div. LEXIS 77 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered June 18, 2001, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to the reduced count of criminal possession of a controlled substance in the second degree in full satisfaction of an eight-count indictment. He was sentenced to the agreed-upon prison term of six years to life. Defendant contends on this appeal that the sentence imposed by County Court was harsh and excessive given that this is his first criminal conviction. Defendant’s lack of criminal history notwithstanding, we see no reason to disturb the sentence imposed herein (see People v Serna, 270 AD2d 646, lv denied 95 NY2d 804). Our review of the record discloses no abuse of discretion on the part of the sentencing court nor are there any extraordinary circumstances that would warrant a modification of the sentence in the interest of justice (see People v Chester, 297 AD2d 862; People v Rutledge, 282 AD2d 870).

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

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—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered June 18, 2001, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to the reduced count of criminal possession of a controlled substance in the second degree in full satisfaction of an eight-count indictment. He was sentenced to the agreed-upon prison term of six years to life. Defendant contends on this appeal that the sentence imposed by County Court was harsh and excessive given that this is his first criminal conviction. Defendant’s lack of criminal history notwithstanding, we see no reason to disturb the sentence imposed herein (see People v Serna, 270 AD2d 646, lv denied 95 NY2d 804). Our review of the record discloses no abuse of discretion on the part of the sentencing court nor are there any extraordinary circumstances that would warrant a modification of the sentence in the interest of justice (see People v Chester, 297 AD2d 862; People v Rutledge, 282 AD2d 870).

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

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Bluebook (online)

301 A.D.2d 750, 752 N.Y.S.2d 915, 2003 N.Y. App. Div. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosa-oyola-nyappdiv-2003.

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