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People v. Pickens

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1984
105 A.D.2d 559 (N.Y. App. Div. 1984)

Opinion

October 25, 1984

Appeal from the County Court of Albany County (Clyne, J.).


Defendant pleaded guilty to robbery in the second degree for forcibly stealing a pocketbook from an elderly woman on February 13, 1983. He was sentenced to 3 to 9 years in jail. On this appeal, defendant claims that County Court abused its discretion in denying him youthful offender treatment and that the sentence imposed is harsh and excessive. Inasmuch as defendant's plea was entered voluntarily, with full knowledge of the sentence to be imposed, in the presence of counsel and after acknowledgment by defendant that he had committed the crime for which he stood charged, we cannot say that County Court abused its discretion in denying youthful offender treatment (see People v Johnson, 92 A.D.2d 672; People v Connerton, 67 A.D.2d 1028).

We also find no abuse of discretion which would require us to modify the sentence imposed (see, e.g., People v Haynes, 102 A.D.2d 604, 606). The sentence was part of a negotiated plea agreement, substantially less than the maximum exposure faced by defendant, and justified by the violent nature of the crime and defendant's prior record.

Judgment affirmed. Main, J.P., Casey, Mikoll, Levine and Harvey, JJ., concur.


Summaries of

People v. Pickens

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1984
105 A.D.2d 559 (N.Y. App. Div. 1984)
Case details for

People v. Pickens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN PICKENS, Appellant

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

Date published: Oct 25, 1984

Citations

105 A.D.2d 559 (N.Y. App. Div. 1984)

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