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People v. Buckley

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 915 (N.Y. App. Div. 1993)

Opinion

September 23, 1993

Appeal from the County Court of Ulster County (Vogt, J.).


Defendant's only contention on this appeal is that County Court abused its discretion in failing to grant him youthful offender status and in sentencing him to a prison term of of 2 1/3 to 7 years. Despite defendant's lack of a prior criminal record, we find no reason to disturb County Court's refusal to grant defendant youthful offender status in light of the seriousness of the offense and evidence of other violent conduct by defendant (see, People v Barriera, 172 A.D.2d 319, lv denied 78 N.Y.2d 961; People v Carter, 143 A.D.2d 925, lv denied 73 N.Y.2d 853). As to the sentence imposed, although it is the harshest allowed for the crime to which defendant pleaded guilty, defendant's plea was in satisfaction of a four-count indictment against him. In addition, the People agreed as part of the plea arrangement not to pursue other charges then pending against defendant. Finally, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed. Under these circumstances, we find no basis for disturbing the sentence imposed by County Court (see, People v Rodriguez, 187 A.D.2d 752, lv denied 81 N.Y.2d 793; People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

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


Summaries of

People v. Buckley

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 915 (N.Y. App. Div. 1993)
Case details for

People v. Buckley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO BUCKLEY…

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

Date published: Sep 23, 1993

Citations

196 A.D.2d 915 (N.Y. App. Div. 1993)
601 N.Y.S.2d 970

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