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People v. O'Brien

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1993
192 A.D.2d 781 (N.Y. App. Div. 1993)

Opinion

April 15, 1993

Appeal from the County Court of Saratoga County (Williams, J.).


Defendant contends on this appeal that the prison sentence of 1 to 3 years that he received was harsh and excessive. Defendant was allowed to plead guilty to the crime of attempted grand larceny in the third degree in satisfaction of a two-count indictment that included a more serious crime. In addition, the sentence imposed was less than the harshest possible. Given these facts, as well as defendant's extensive juvenile record, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Reyes, 122 A.D.2d 353, lv denied 68 N.Y.2d 917).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. O'Brien

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1993
192 A.D.2d 781 (N.Y. App. Div. 1993)
Case details for

People v. O'Brien

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL S. O'BRIEN…

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

Date published: Apr 15, 1993

Citations

192 A.D.2d 781 (N.Y. App. Div. 1993)
596 N.Y.S.2d 549