From Casetext: Smarter Legal Research

People v. Barrett

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1995
221 A.D.2d 772 (N.Y. App. Div. 1995)

Opinion

November 16, 1995

Appeal from the County Court of Broome County (Smith, J.).


While serving a term of probation imposed as a result of his conviction of grand larceny in the third degree, defendant was convicted of attempted criminal possession of a weapon in the third degree and was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years. Because this conviction constituted a violation of defendant's probation, defendant's probation was revoked and he was resentenced on the grand larceny conviction to a consecutive prison term of 2 to 6 years. Contrary to defendant's contention, we do not find the sentence to be harsh or excessive. In view of defendant's commission of the current crime while he was on probation and his prior probation violation, we find no reason to disturb the sentence imposed by County Court.

Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Barrett

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1995
221 A.D.2d 772 (N.Y. App. Div. 1995)
Case details for

People v. Barrett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER BARRETT…

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

Date published: Nov 16, 1995

Citations

221 A.D.2d 772 (N.Y. App. Div. 1995)
634 N.Y.S.2d 412

Citing Cases

People v. Stedge

Furthermore, he was arrested and convicted of two additional offenses subsequent to his placement on…

People v. Peets

The sentence was well within the statutory limits and County Court specifically took into consideration the…