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People v. Higgins

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2005
19 A.D.3d 877 (N.Y. App. Div. 2005)

Opinion

15159.

June 23, 2005.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 14, 2003, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

John A. Herbowy, Rome, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Robin S. Engler of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.


In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years. Defendant appeals, contending that the sentence should be reduced in the interest of justice. We disagree. Defendant was sentenced in accordance with the plea agreement and, given his lengthy and violent criminal history, we find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v. Smith, 2 AD3d 1057, 1058, lv denied 2 NY3d 746; People v. Archangel, 272 AD2d 686, 687).

Ordered that the judgment is affirmed.


Summaries of

People v. Higgins

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2005
19 A.D.3d 877 (N.Y. App. Div. 2005)
Case details for

People v. Higgins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM K. HIGGINS…

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

Date published: Jun 23, 2005

Citations

19 A.D.3d 877 (N.Y. App. Div. 2005)
796 N.Y.S.2d 751

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