People v. Shearer

Appellate Division of the Supreme Court of New York

People v. Shearer

301 A.D.2d 681, 752 N.Y.S.2d 908, 2003 N.Y. App. Div. LEXIS 16

Appellate Division of the Supreme Court of the State of New York·Decided January 2, 2003·Published

Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 24, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to 3 to 9 years in prison. We are unpersuaded by defendant’s contention that the sentence imposed was harsh or excessive. Given defendant’s criminal background, which was amassed over a short period of time, and that the sentence was consistent with the plea agreement, we find no reason to disturb the sentence imposed by County Court (see People v McCray, 243 AD2d 953; People v Roberts, 186 AD2d 842).

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 24, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to 3 to 9 years in prison. We are unpersuaded by defendant’s contention that the sentence imposed was harsh or excessive. Given defendant’s criminal background, which was amassed over a short period of time, and that the sentence was consistent with the plea agreement, we find no reason to disturb the sentence imposed by County Court (see People v McCray, 243 AD2d 953; People v Roberts, 186 AD2d 842).

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

People v. Shearer, 301 A.D.2d 681, 752 N.Y.S.2d 908, 2003 N.Y. App. Div. LEXIS 16 (N.Y. Ct. App. 2003).

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Opinion

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