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People v. Douglas

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 2003
2 A.D.3d 1057 (N.Y. App. Div. 2003)

Opinion

13801.

Decided and Entered: December 18, 2003.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 17, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Norbert A. Higgins, Binghamton, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Michael A. Sharpe of counsel), for respondent.

Before: Mercure, J.P., Crew III, Peters, Mugglin and Lahtinen, JJ.


MEMORANDUM AND ORDER


Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with the plea agreement, to 1 to 3 years in prison. The plea was entered into in satisfaction of a superior court information charging him with criminal sale of a controlled substance in the third degree, a crime which he committed while awaiting sentencing on another charge, the facts of which are more fully set forth in People v. Douglas (AD2d [decided herewith] [appeal #13013]). Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. We disagree.

Defendant committed the crime in violation of the no-arrest condition of a prior plea bargain. Given these circumstances, as well as the fact that defendant agreed to the sentence challenged on this appeal as part of a plea bargain, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Samuel, 284 A.D.2d 654, 655; People v. Hicks, 265 A.D.2d 600, 601).

Crew III, Peters, Mugglin and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Douglas

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 2003
2 A.D.3d 1057 (N.Y. App. Div. 2003)
Case details for

People v. Douglas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COURTNEY B. DOUGLAS…

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

Date published: Dec 18, 2003

Citations

2 A.D.3d 1057 (N.Y. App. Div. 2003)
768 N.Y.S.2d 669