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People v. Hoehne

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1991
173 A.D.2d 1036 (N.Y. App. Div. 1991)

Opinion

May 16, 1991

Appeal from the County Court of Sullivan County (Hanofee, J.).


We reject defendant's contention that the sentence he received upon his plea of guilty to the crime of grand larceny in the fourth degree was harsh and excessive. Although the sentence was the harshest which could be imposed, it was in accordance with the plea-bargain agreement (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899). Furthermore, another more serious charge was dropped as a result of the plea agreement. Under these circumstances and given defendant's criminal background, we cannot say that County Court abused its discretion in sentencing defendant as a second felony offender to a prison term of 2 to 4 years (see, People v Dean, 155 A.D.2d 774, lv denied 75 N.Y.2d 812). We have considered defendant's remaining contentions and find them lacking in merit.

Judgment affirmed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

People v. Hoehne

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1991
173 A.D.2d 1036 (N.Y. App. Div. 1991)
Case details for

People v. Hoehne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HOEHNE…

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

Date published: May 16, 1991

Citations

173 A.D.2d 1036 (N.Y. App. Div. 1991)
570 N.Y.S.2d 373