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People v. Figueroa

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 840 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the County Court of Chemung County (Castellino, J.).


Contrary to defendant's claim, we do not find the sentence imposed to be harsh and excessive. She was permitted to plead guilty to the reduced charge of attempted criminal sale of a controlled substance in the third degree in full satisfaction of a two-count indictment. Further, upon her plea she was informed that she could receive a prison sentence with a maximum term of 15 years (see, Penal Law § 70.00 [b]). Instead she received a prison term of only 1 to 3 years. Under the circumstances and given defendant's previous criminal record, as well as the presentence report indicating that she was not an appropriate candidate for probation (see, People v Gholston, 137 A.D.2d 765, lv denied 71 N.Y.2d 896; People v McManus, 124 A.D.2d 305), we find no abuse of discretion in the sentence imposed by County Court (see, People v Suitte, 90 A.D.2d 80).

Judgment affirmed. Casey, J.P., Weiss, Mercure, Crew III, and Harvey, JJ., concur.


Summaries of

People v. Figueroa

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 840 (N.Y. App. Div. 1991)
Case details for

People v. Figueroa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLLEEN M. FIGUEROA…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 840 (N.Y. App. Div. 1991)
566 N.Y.S.2d 672