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People v. Medina

Appellate Division of the Supreme Court of New York, Third Department
Nov 7, 1991
177 A.D.2d 733 (N.Y. App. Div. 1991)

Opinion

November 7, 1991

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


Upon his plea of guilty to robbery in the first degree and assault in the first degree, defendant received prison sentences of 4 to 12 years and 3 to 9 years, respectively. The sentences were made to run concurrently. We reject defendant's claim that the sentences were harsh or excessive. At the time of his plea, no promises were made as to sentencing (see, People v. Bailey, 156 A.D.2d 846, lv denied 75 N.Y.2d 810) and, in fact, the sentence ultimately imposed was less than what the People had recommended. The sentences were well within the statutory guidelines and the plea was made in full satisfaction of a five-count indictment. Under these circumstances and given the nature of the crimes involved, we cannot say that County Court abused its discretion in imposing sentence (see, People v. Phelps, 140 A.D.2d 637, lv denied 72 N.Y.2d 922; People v. Suitte, 90 A.D.2d 80).

Mahoney, P.J., Casey, Mikoll, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Medina

Appellate Division of the Supreme Court of New York, Third Department
Nov 7, 1991
177 A.D.2d 733 (N.Y. App. Div. 1991)
Case details for

People v. Medina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN MEDINA, Appellant

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

Date published: Nov 7, 1991

Citations

177 A.D.2d 733 (N.Y. App. Div. 1991)
576 N.Y.S.2d 52

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