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People v. Hamm

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 2007
45 A.D.3d 896 (N.Y. App. Div. 2007)

Opinion

No. 100582.

November 1, 2007.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered September 27, 2006, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

Keeley A. Maloney, Albany, for appellant.

Beth G. Cozzolino, District Attorney, Hudson (Henry Neal Conolly of counsel), for respondent.

Before: Spain, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur.


Defendant waived indictment and pleaded guilty to a superior court information charging him with burglary in the third degree in exchange for the People's promise to recommend a sentence of 2 to 4 years in prison. He was thereafter sentenced as a second felony offender to a prison term of 2 to 4 years. Defendant now appeals, arguing that his sentence was harsh and excessive. Finding neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the bargained-for sentence in the interest of justice ( see People v Martinez, 40 AD3d 1309, 1310; People v Qasem, 39 AD3d 960, 961), we disagree and affirm.

Ordered that the judgment is affirmed.


Summaries of

People v. Hamm

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 2007
45 A.D.3d 896 (N.Y. App. Div. 2007)
Case details for

People v. Hamm

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM J. HAMM…

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

Date published: Nov 1, 2007

Citations

45 A.D.3d 896 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8132
843 N.Y.S.2d 851