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People v. Adams

Appellate Division of the Supreme Court of New York, Third Department
Aug 22, 1991
175 A.D.2d 958 (N.Y. App. Div. 1991)

Opinion

August 22, 1991

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


Upon pleading guilty to the reduced charge of attempted promoting prison contraband in the first degree, defendant was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years to run consecutive to the one he was then serving. Not only did defendant receive the most lenient sentence possible (Penal Law § 70.06 [e]; [4] [b]), but he pleaded guilty knowing that he would receive the sentence ultimately imposed, including the fact that it would be a consecutive sentence. In addition, contrary to defendant's contention, there is nothing in the record to indicate that he did not understand any aspect of either the plea bargain or the sentencing proceeding. Under the circumstances, we reject defendant's claim that the sentence he bargained for is harsh and excessive (see, People v Wolmart, 140 A.D.2d 733, lv denied 72 N.Y.2d 926; People v Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715; People v McManus, 124 A.D.2d 305). Finally, it cannot be said that defense counsel failed to meet the standards enunciated in People v Baldi ( 54 N.Y.2d 137) (see, People v Mayes, 133 A.D.2d 905, 906).

Casey, J.P., Weiss, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, Third Department
Aug 22, 1991
175 A.D.2d 958 (N.Y. App. Div. 1991)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN ADAMS, Appellant

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

Date published: Aug 22, 1991

Citations

175 A.D.2d 958 (N.Y. App. Div. 1991)
573 N.Y.S.2d 538

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