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People v. Beha

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 572 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the County Court of St. Lawrence County (Nicandri, J.).


Defendant pleaded guilty to assault in the second degree as the result of an incident in which the victim lost an eye after defendant hit him with a broken glass. Defendant was sentenced as a second felony offender to a determinate prison term of 5 1/2 years, a sentence he challenges on the ground that it is harsh and excessive. Given that defendant was sentenced in accordance with the plea agreement, and in light of both the serious nature of the crime and defendant's lengthy criminal history, the sentence is appropriate and we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see, People v. Osgood, 206 A.D.2d 571; People v Edwards, 201 A.D.2d 813, lv denied 83 N.Y.2d 852).

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Beha

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 572 (N.Y. App. Div. 1997)
Case details for

People v. Beha

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT P. BEHA…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 572 (N.Y. App. Div. 1997)
659 N.Y.S.2d 558

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