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People v. Gardner

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1976
53 A.D.2d 781 (N.Y. App. Div. 1976)

Opinion

June 17, 1976


Appeal from a judgment of the County Court of Chemung County, rendered November 3, 1975, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the fifth degree, a class C felony. Defendant urges that the sentence to an indeterminate term not to exceed five years was harsh and excessive. Considering that defendant could have received a maximum of 15 years and not less than a mandatory three years upon his conviction for a class C felony, the County Court's imposition of a five-year maximum sentence cannot be said to constitute a clear abuse of its discretion, despite defendant's prior character and record which was fully presented to the trial court (People v Dittmar, 41 A.D.2d 788). Judgment affirmed. Sweeney, J.P., Kane, Larkin, Herlihy and Reynolds, JJ., concur.


Summaries of

People v. Gardner

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1976
53 A.D.2d 781 (N.Y. App. Div. 1976)
Case details for

People v. Gardner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT JAMES GARDNER…

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

Date published: Jun 17, 1976

Citations

53 A.D.2d 781 (N.Y. App. Div. 1976)