People v. Rundell

Appellate Division of the Supreme Court of New York

People v. Rundell

193 A.D.2d 898, 598 N.Y.S.2d 742, 1993 N.Y. App. Div. LEXIS 4842

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

DecidedMay 13, 1993

StatusPublished

This text of 193 A.D.2d 898 (People v. Rundell) 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. Rundell, 193 A.D.2d 898, 598 N.Y.S.2d 742, 1993 N.Y. App. Div. LEXIS 4842 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered April 27, 1992, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Defendant waived indictment and pleaded guilty to the crime of robbery in the second degree in satisfaction of a superior court information charging him with the crime of robbery in the first degree. Defendant was sentenced as a second violent felony offender to a term of imprisonment of 4 to 8 years. Defendant appeals, contending that this sentence is harsh and excessive.

The sentence imposed was the most lenient possible for a second violent felony offender convicted of robbery in the second degree, a class C felony. Moreover, we find no basis to disturb the sentence imposed by County Court (see, People v Jacobs, 178 AD2d 678, lv denied 79 NY2d 858).

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

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Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered April 27, 1992, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Defendant waived indictment and pleaded guilty to the crime of robbery in the second degree in satisfaction of a superior court information charging him with the crime of robbery in the first degree. Defendant was sentenced as a second violent felony offender to a term of imprisonment of 4 to 8 years. Defendant appeals, contending that this sentence is harsh and excessive.

The sentence imposed was the most lenient possible for a second violent felony offender convicted of robbery in the second degree, a class C felony. Moreover, we find no basis to disturb the sentence imposed by County Court (see, People v Jacobs, 178 AD2d 678, lv denied 79 NY2d 858).

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

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Bluebook (online)

193 A.D.2d 898, 598 N.Y.S.2d 742, 1993 N.Y. App. Div. LEXIS 4842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rundell-nyappdiv-1993.

Opinion

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