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People v. Kearney

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 833 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the County Court of Broome County (Monserrate, J.).


Defendant's only contention on appeal is that his sentence of 4 to 8 years' imprisonment should be reduced in the interest of justice. Not only did defendant plead guilty knowing that he would receive the sentence ultimately imposed by County Court, but his sentence was well within the range permissible for a second felony offender (Penal Law § 70.06 [c]; [4]). Under the circumstances and given defendant's criminal record, which includes convictions for crimes similar to the crime for which he is now convicted, it cannot be said that County Court abused its discretion in imposing sentence or that the sentence was harsh or excessive (see, People v Gray, 131 A.D.2d 590; People v Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715).

Judgment affirmed. Casey, J.P., Weiss, Mercure, Crew III, and Harvey, JJ., concur.


Summaries of

People v. Kearney

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 833 (N.Y. App. Div. 1991)
Case details for

People v. Kearney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID KEARNEY…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 833 (N.Y. App. Div. 1991)
566 N.Y.S.2d 664