From Casetext: Smarter Legal Research

People v. Nesbitt

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 2008
57 A.D.3d 1167 (N.Y. App. Div. 2008)

Opinion

December 18, 2008.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 30, 2007, convicting defendant upon his plea of guilty of two counts of the crime of criminal sale of marihuana in the second degree.

Before: Peters, J.P., Rose, Kane, Malone Jr. and Stein, JJ. concur.


Resolving two separate indictments charging a total of four felonies, defendant pleaded guilty to two counts of criminal sale of marihuana in the second degree. County Court thereafter sentenced defendant consistent with the plea agreement as a second felony offender to consecutive terms of imprisonment of 2½ years followed by one year of postrelease supervision.

Defendant's sole contention on this appeal is that the sentences imposed are harsh and excessive. We disagree. Noting defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the sentences in the interest of justice ( see People v Barringer, 54 AD3d 442, 444). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Nesbitt

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 2008
57 A.D.3d 1167 (N.Y. App. Div. 2008)
Case details for

People v. Nesbitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS P. NESBITT…

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

Date published: Dec 18, 2008

Citations

57 A.D.3d 1167 (N.Y. App. Div. 2008)
868 N.Y.S.2d 557