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People v. Mccann

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 762 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from County Court of Delaware County (Estes, J.).


Pursuant to a plea bargain agreement, defendant pleaded guilty to the crimes of sodomy in the first degree, robbery in the second degree (two counts) and unlawful imprisonment in the first degree and was sentenced to concurrent terms of imprisonment totaling 8 1/3 to 25 years. Defendant appeals, contending that his aggregate sentence was harsh and excessive. We disagree. The sentence, which comports with the statutory parameters, was the agreed-upon result of a plea bargain pursuant to which four other charges against defendant were dropped. While defendant's expressions of remorse and his plans to rehabilitate himself are laudable, he has nonetheless been found guilty of perpetrating several heinous crimes. We conclude that the sentence imposed by County Court cannot be characterized as harsh and excessive and we decline to disturb it ( see, People v. Dworakowski, 208 A.D.2d 1129, lv denied 84 N.Y.2d 1031; People v. Hamilton, 192 A.D.2d 738).

Mercure, J.P., White, Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Mccann

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 762 (N.Y. App. Div. 1997)
Case details for

People v. Mccann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYMAN G. MCCANN…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 762 (N.Y. App. Div. 1997)
661 N.Y.S.2d 313

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