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People v. Haniff

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 626 (N.Y. App. Div. 1996)

Opinion

November 14, 1996.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July 25, 1995, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Before: Mikoll, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ.


Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of criminal possession of a controlled substance in the third degree and was sentenced as a predicate felony offender to a prison term of 9 to 18 years. Defendant appeals, contending that the sentence imposed by County Court was harsh and excessive. We disagree. The sentence, which falls within the statutory guidelines, was the agreed-upon result of a plea bargain, pursuant to which a second charge against defendant was dropped. This fact, together with defendant's extensive criminal history, leads to the conclusion that the sentence does not constitute an abuse of discretion on the part of County Court ( see, People v Reid, 224 AD2d 728, 729). Accordingly, it will not be disturbed.

Ordered that the judgment is affirmed.


Summaries of

People v. Haniff

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 626 (N.Y. App. Div. 1996)
Case details for

People v. Haniff

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD HANIFF, Also…

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

Date published: Nov 14, 1996

Citations

233 A.D.2d 626 (N.Y. App. Div. 1996)
649 N.Y.S.2d 825