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People v. Luster

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1991
169 A.D.2d 895 (N.Y. App. Div. 1991)

Opinion

January 10, 1991

Appeal from the County Court of Sullivan County (Hanofee, J.).


Defendant argues only that the concurrent prison sentences she received as a second felony offender of 3 1/2 to 7 years upon her plea of guilty were harsh and excessive. However, she entered her plea knowing that she would receive the sentences ultimately imposed and the plea was to the reduced charges of attempted criminal sale of a controlled substance in the third degree instead of the three counts of actual sale as originally charged in the indictment. Under these circumstances, it cannot be said that County Court abused its discretion when it imposed sentence on defendant (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Judgment affirmed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.


Summaries of

People v. Luster

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1991
169 A.D.2d 895 (N.Y. App. Div. 1991)
Case details for

People v. Luster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNA LUSTER, Appellant

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

Date published: Jan 10, 1991

Citations

169 A.D.2d 895 (N.Y. App. Div. 1991)
564 N.Y.S.2d 619