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People v. Easton

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1083 (N.Y. App. Div. 2003)

Opinion

14128

Decided and Entered: October 30, 2003.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered May 30, 2002, convicting defendant upon his plea of guilty of two counts of the crime of robbery in the second degree.

Joseph Nalli, Fort Plain, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Robin S. Engler of counsel), for respondent.

Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to two counts of robbery in the second degree after his holdup of a convenience store and a bank during which he was armed with a handgun. He was sentenced pursuant to a negotiated plea agreement to two concurrent prison terms of six years, to be followed by 2½ years of postrelease supervision. Defendant appeals, seeking a reduction in the length of his sentence on the ground that it is harsh and excessive. We disagree. Defendant stands convicted of two class C violent felonies and, in the absence of the advantageous plea agreement, would have been exposed to consecutive prison terms of 15 years (see Penal Law § 70.02 [b]; [3] [b]; see generally People v. French, 302 A.D.2d 751). Our review of the record discloses no abuse of County Court's discretion in imposing this sentence nor any extraordinary circumstances that would warrant a reduction thereof in the interest of justice (see People v. Smith, 300 A.D.2d 745, 746, lvs denied 99 N.Y.2d 616, 620).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Easton

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1083 (N.Y. App. Div. 2003)
Case details for

People v. Easton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES B. EASTON…

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

Date published: Oct 30, 2003

Citations

309 A.D.2d 1083 (N.Y. App. Div. 2003)
766 N.Y.S.2d 400

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