People v. Winston

Appellate Division of the Supreme Court of New York

People v. Winston

114 A.D.2d 918, 494 N.Y.S.2d 1012, 1985 N.Y. App. Div. LEXIS 53959

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1985·Published·Cited by 4 cases

Opinion

—Appeal by defendant from two judgments of the Supreme Court, Queens County (Balbach, J.), both rendered November 3, 1983, convicting him of attempted criminal sale of a controlled substance in the fifth degree under indictment No. 8208/82 and attempted criminal possession of a controlled substance in the fifth degree under indictment No. 8230/82, upon his pleas of guilty, and sentencing him as a second felony offender to concurrent indeterminate terms of l½ to 3 years’ imprisonment.

Judgments affirmed.

Defendant contends that the concurrent sentences of IV2 to 3 years were excessive under the circumstances. However, the terms imposed were the minimum permitted by statute (Penal Law § 70.06 [3] [e]; [4] [b]). In addition, since the sentence was in accordance with a negotiated plea agreed to by defendant, he could not, in any event, claim it to be excessive (see, People v Kazepis, 101 AD2d 816). Mangano, J. P., Bracken, O’Connor and Weinstein, JJ., concur.

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—Appeal by defendant from two judgments of the Supreme Court, Queens County (Balbach, J.), both rendered November 3, 1983, convicting him of attempted criminal sale of a controlled substance in the fifth degree under indictment No. 8208/82 and attempted criminal possession of a controlled substance in the fifth degree under indictment No. 8230/82, upon his pleas of guilty, and sentencing him as a second felony offender to concurrent indeterminate terms of l½ to 3 years’ imprisonment.

Judgments affirmed.

Defendant contends that the concurrent sentences of IV2 to 3 years were excessive under the circumstances. However, the terms imposed were the minimum permitted by statute (Penal Law § 70.06 [3] [e]; [4] [b]). In addition, since the sentence was in accordance with a negotiated plea agreed to by defendant, he could not, in any event, claim it to be excessive (see, People v Kazepis, 101 AD2d 816). Mangano, J. P., Bracken, O’Connor and Weinstein, JJ., concur.

People v. Winston, 114 A.D.2d 918, 494 N.Y.S.2d 1012, 1985 N.Y. App. Div. LEXIS 53959 (N.Y. Ct. App. 1985).

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Opinion

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