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People v. French

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2015
2015 N.Y. Slip Op. 9138 (N.Y. App. Div. 2015)

Opinion

106309

12-10-2015

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL J. FRENCH, Appellant.

Margaret McCarthy, Ithaca, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), for respondent.


Before: McCarthy, J.P., Garry, Rose and Lynch, JJ.

Margaret McCarthy, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 27, 2012, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant robbed a bank teller at knife point and, in satisfaction of an indictment charging him with crimes arising from this incident, pleaded guilty to robbery in the first degree. In accordance with the terms of the plea agreement, he was sentenced as a second violent felony offender to 12 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. We disagree. Defendant has a lengthy criminal record that includes a prior robbery conviction. In view of this, and given that defendant agreed to the sentence as part of the plea agreement, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Jones, 11 AD3d 818, 818 [2004]; see also People v Morgan, 214 AD2d 809, 811 [1995], lv denied 86 NY2d 783 [1995]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. French

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2015
2015 N.Y. Slip Op. 9138 (N.Y. App. Div. 2015)
Case details for

People v. French

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL J. FRENCH…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Dec 10, 2015

Citations

2015 N.Y. Slip Op. 9138 (N.Y. App. Div. 2015)