People v. Davis

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAY W. DAVIS, Appellant

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

Date published: Dec 1, 1994

210 A.D.2d 529 (N.Y. App. Div. 1994)

619 N.Y.S.2d 973

Opinion

December 1, 1994

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

Casey, J.

Defendant pleaded guilty to robbery in the first degree and was sentenced in accordance with his plea agreement to an indeterminate prison term of 3 to 9 years. The robbery involved the armed holdup by defendant and an accomplice of a delicatessen in the City of Binghamton, Broome County, in which $4,500 in cash and a quantity of lottery tickets were taken.

Defendant's only contention on this appeal is that, despite the plea bargain, the sentence imposed was unduly harsh and excessive. We disagree. Given the violent nature of defendant's crime, his prior criminal history and background, and that a prison sentence of 8 1/3 to 25 years was possible, defendant cannot claim that his sentence was excessive. The sentence was authorized and appropriate (see, People v Haven, 167 A.D.2d 659, lv denied 77 N.Y.2d 839; People v Gray, 131 A.D.2d 590). The judgment should be affirmed.

Cardona, P.J., White and Peters, JJ., concur. Ordered that the judgment is affirmed.