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People v. Kitchings

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 665 (N.Y. App. Div. 1997)

Opinion

May 1, 1997

Appeal from the County Court of Chemung County (Castellino, J.).


Following a jury trial, defendant was convicted of the crimes of criminal sale and criminal possession of a controlled substance in the third degree and was sentenced to concurrent prison terms of 5 to 15 years. Defendant contends on this appeal that his sentences were harsh and excessive in light of his brief criminal record (one prior conviction in 1976 of criminal possession of a controlled substance in the seventh degree) and his steady employment history (23 years with the same company). Defendant's contentions are unpersuasive. The sentences fall within the statutory parameters and are appropriate given the nature of defendant's crimes and the absence of a showing of extraordinary circumstances. We, accordingly, decline to disturb them ( see, People v. Wilson, 210 A.D.2d 520, 523, lv denied 85 N.Y.2d 982; People v. Powell, 209 A.D.2d 879, 882, lv denied 84 N.Y.2d 1037; People v. Willis, 200 A.D.2d 903, 904).

Cardona, P.J., Crew III, White and Casey, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Kitchings

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 665 (N.Y. App. Div. 1997)
Case details for

People v. Kitchings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES C. KITCHINGS…

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

Date published: May 1, 1997

Citations

239 A.D.2d 665 (N.Y. App. Div. 1997)
657 N.Y.S.2d 126

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