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People v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 935 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

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


Upon pleading guilty to criminal possession of a controlled substance in the third degree, defendant was sentenced to a prison term of 2 to 6 years. Defendant's only contention on appeal is that his sentence is excessive and should be reduced in light of the fact that he had no prior criminal record. Although defendant did not receive the most lenient sentence allowed by statute (see, Penal Law § 70.00 [b]), he also did not receive the harshest sentence (see, Penal Law § 70.00 [b]). Even more significant, defendant entered his plea knowing that he would receive the sentence ultimately imposed by County Court, and one other charge was dropped as a result of the plea agreement. Under these circumstances, we find no abuse of discretion by County Court in imposing sentence (see, People v Mackey, 136 A.D.2d 780, 781, lv denied 71 N.Y.2d 899; People v Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715).

Judgment affirmed. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 935 (N.Y. App. Div. 1991)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS BROWN, Appellant

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 935 (N.Y. App. Div. 1991)
568 N.Y.S.2d 214