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People v. Chase

Supreme Court, Appellate Division, Third Department, New York.
Jan 31, 2019
168 A.D.3d 1316 (N.Y. App. Div. 2019)

Opinion

109580

01-31-2019

The PEOPLE of the State of New York, Respondent, v. Brandon J. CHASE, Appellant.

G. Scott Walling, Slingerlands, for appellant. Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.


G. Scott Walling, Slingerlands, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ.

MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Broome County (Dooley, J.), rendered May 5, 2017, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

Defendant waived indictment and pleaded guilty to attempted robbery in the second degree as charged in a superior court information. Consistent with the terms of the plea agreement, County Court sentenced defendant to a prison term of two years, followed by two years of postrelease supervision. Defendant appeals.Defendant contends that, given his limited role in the commission of the crime, his untreated substance abuse issues and the lenient sentence received by his accomplice in the commission of the crime, the sentence is harsh and excessive. We disagree. Upon our review of the record, including the information contained in the presentence report, we find no abuse of discretion by County Court or extraordinary circumstances that warrant a reduction of the agreed-upon sentence in the interest of justice (see People v. Callender, 164 A.D.3d 962, 963, 77 N.Y.S.3d 911 [2018] ; People v. Sindoni, 158 A.D.3d 899, 899, 67 N.Y.S.3d 865 [2018], lv denied 31 N.Y.3d 1017, 78 N.Y.S.3d 287, 102 N.E.3d 1068 [2018] ; People v. Gillespie, 19 A.D.3d 878, 878, 796 N.Y.S.2d 760 [2005] ).

ORDERED that the judgment is affirmed.

Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.


Summaries of

People v. Chase

Supreme Court, Appellate Division, Third Department, New York.
Jan 31, 2019
168 A.D.3d 1316 (N.Y. App. Div. 2019)
Case details for

People v. Chase

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON J. CHASE…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jan 31, 2019

Citations

168 A.D.3d 1316 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 643
90 N.Y.S.3d 919

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