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People v. Riley

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 608 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


After a jury trial, defendant was convicted of promoting prison contraband in the first degree stemming from an incident in which he was observed passing a small, shiny metal object, which turned out to be a razor blade, to a fellow inmate. He was sentenced, as a second felony offender, to a term of 3 to 6 years in prison to be served consecutive to his current sentence. Initially, inasmuch as the prior prison disciplinary hearing resulted only in the loss of good time and/or privileges, we reject defendant's claim that the criminal indictment should be dismissed on the ground of double jeopardy. Furthermore, given defendant's criminal history and prior disciplinary problems, as well as the fact that the sentence imposed was within statutory guidelines, we do not find that the sentence was harsh or excessive.

Mikoll, J.P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Riley

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 608 (N.Y. App. Div. 1995)
Case details for

People v. Riley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN W. RILEY…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 608 (N.Y. App. Div. 1995)
627 N.Y.S.2d 471

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