From Casetext: Smarter Legal Research

People v. Jacobs

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 678 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the County Court of Albany County (Traficanti, Jr., J.).


After pleading guilty to criminal sale of a controlled substance in the fifth degree, defendant was sentenced as a second felony offender to a term of imprisonment of 2 to 4 years. Defendant's only contention on appeal is that this sentence is harsh and excessive and should be reduced in the interest of justice. Not only did defendant receive the most lenient sentence possible (Penal Law § 70.06 [d]; [4] [b]), but he pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. In addition, defendant derived a benefit from pleading guilty as he was able to plead to a class D felony instead of a class B felony, which carried with it a more lenient sentence (compare, Penal Law § 70.06 [b], with Penal Law § 70.06 [d]). Under the circumstances, it cannot be said that the court abused its discretion in imposing sentence (see, People v Pardoe, 147 A.D.2d 820; People v Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715).

Casey, J.P., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Jacobs

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 678 (N.Y. App. Div. 1991)
Case details for

People v. Jacobs

Case Details

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

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

Date published: Dec 5, 1991

Citations

178 A.D.2d 678 (N.Y. App. Div. 1991)

Citing Cases

People v. Rundell

The sentence imposed was the most lenient possible for a second violent felony offender convicted of robbery…