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People v. Rose

Appellate Division of the Supreme Court of New York, Third Department
Jan 7, 1993
189 A.D.2d 924 (N.Y. App. Div. 1993)

Opinion

January 7, 1993

Appeal from the County Court of Schuyler County (Callanan, Sr., J.).


Defendant's only contention on this appeal is that the 1 2/3 to 5-year prison sentence he received is harsh and excessive. Defendant was allowed to plead guilty to the crime of burglary in the third degree in full satisfaction of a three-count indictment. Further, defendant pleaded guilty knowing that he would receive the sentence imposed by County Court. In light of these circumstances, defendant's prior criminal record and the fact that he was not sentenced to the harshest possible sentence, 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. Du Bray, 76 A.D.2d 976).

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


Summaries of

People v. Rose

Appellate Division of the Supreme Court of New York, Third Department
Jan 7, 1993
189 A.D.2d 924 (N.Y. App. Div. 1993)
Case details for

People v. Rose

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY J. ROSE…

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

Date published: Jan 7, 1993

Citations

189 A.D.2d 924 (N.Y. App. Div. 1993)
592 N.Y.S.2d 484

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