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People v. Keaton

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 816 (N.Y. App. Div. 1998)

Opinion

June 18, 1998

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Defendant was originally sentenced as a second felony offender to a prison term of 2 to 4 years and placed on parole supervision following his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree in satisfaction of a two-count indictment. In light of a prior felony conviction, however, defendant was disqualified from participating in the parole supervision program; consequently, the parole supervision provision of defendant's sentence was revoked and he was resentenced as a second felony offender to a prison term of 2 to 4 years. Defendant now contends that the sentence was harsh and excessive and should be reduced in the interest of justice. We disagree. Defendant pleaded guilty with the understanding that the People would recommend the prison term which was ultimately imposed. Moreover, defendant was permitted to plead to a lesser included offense of the first count of the indictment and received the most lenient sentence allowed by statute (see, Penal Law § 70.06 [d]; [4] [b]). Under the circumstances presented here, we perceive no reason to disturb the sentence imposed ( see, People v. Atkinson, 238 A.D.2d 628, lv denied 90 N.Y.2d 854).

Mercure, J. P., Crew III, Yesawich Jr., Spain and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Keaton

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 816 (N.Y. App. Div. 1998)
Case details for

People v. Keaton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH KEATON…

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

Date published: Jun 18, 1998

Citations

251 A.D.2d 816 (N.Y. App. Div. 1998)
675 N.Y.S.2d 163