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People v. Dippolito

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 2007
43 A.D.3d 1208 (N.Y. App. Div. 2007)

Opinion

No. 16537.

September 13, 2007.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 16, 2005, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.

G. Scott Walling, Queensbury, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.


Resolving a 23-count indictment, defendant pleaded guilty to criminal possession of a forged instrument in the second degree. In accordance with the plea agreement, County Court thereafter sentenced defendant as a second felony offender to 3½ to 7 years in prison. Defendant now appeals, arguing that the sentence imposed was harsh and excessive.

We disagree and affirm. Defendant's sentence was part of a negotiated plea bargain which significantly reduced his potential prison exposure. Taking that into account, along with defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v Martinez, 40 AD3d 1309, 1310).

Ordered that the judgment is affirmed.


Summaries of

People v. Dippolito

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 2007
43 A.D.3d 1208 (N.Y. App. Div. 2007)
Case details for

People v. Dippolito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DIPPOLITO…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 13, 2007

Citations

43 A.D.3d 1208 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6595
842 N.Y.S.2d 602