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People v. Fortune

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2000
268 A.D.2d 686 (N.Y. App. Div. 2000)

Opinion

January 13, 2000

Appeal from a judgment of the County Court of Sullivan County (La Buda, J.), rendered February 19, 1998, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree.

Peter D. Gormanly, New York City, for appellant.

Stephen F. Lungen, District Attorney (Karen Mannino of counsel), Monticello, for respondent.

Before: CARDONA, P.J., MERCURE, SPAIN, CARPINELLO AND GRAFFEO, JJ.


MEMORANDUM AND ORDER

Following a jury trial, defendant was convicted of one count each of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree. Defendant was sentenced to concurrent terms of 3+ to 7 years in prison for the weapon charge and one year in prison for the drug charge. Defendant's sole argument on appeal is that his sentence was harsh and excessive, a contention we cannot endorse. Notably, a sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances or an abuse of sentencing discretion exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872; People v. Parson, 209 A.D.2d 882, 884, lv denied 84 N.Y.2d 1014). Here, the sentence imposed was authorized and, given defendant's history and the details in the record, we find no reason to disturb the sentence in the interest of justice. Furthermore, contrary to defendant's argument, the fact that the sentence imposed after trial was longer than that offered to defendant in a proposed pretrial plea bargain agreement did not establish that the sentence was imposed in retaliation for exercising his right to trial (see, People v. Morgan, 253 A.D.2d 946, lv denied 92 N.Y.2d 950).

Cardona, P.J., Mercure, Spain, Carpinello and Graffeo, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Fortune

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2000
268 A.D.2d 686 (N.Y. App. Div. 2000)
Case details for

People v. Fortune

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE FORTUNE…

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

Date published: Jan 13, 2000

Citations

268 A.D.2d 686 (N.Y. App. Div. 2000)
700 N.Y.S.2d 776

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