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People v. Gasparian

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 744 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the County Court of Ulster County (Vogt, J.).


Defendant contends on this appeal that his sentence of 2 to 6 years' imprisonment is harsh and excessive. Defendant was permitted to plead guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of a two-count indictment. The sentence received is less than the harshest possible sentence and was consistent with the plea bargain. Given these circumstances, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Du Bray, 76 A.D.2d 976). Defendant's further argument on appeal that he may not have understood what crime he was pleading guilty to is not preserved for appellate review and, in any event, is belied by the record (see, People v Sickler, 117 A.D.2d 880, lv denied 67 N.Y.2d 1057).

Weiss, P.J., Levine, Crew III, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Gasparian

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 744 (N.Y. App. Div. 1992)
Case details for

People v. Gasparian

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY GASPARIAN…

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

Date published: Dec 10, 1992

Citations

188 A.D.2d 744 (N.Y. App. Div. 1992)