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People v. Shabazz

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 764 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from County Court of Broome County (Smith, J.).


Defendant pleaded guilty to the crime of assault in the first degree in full satisfaction of a four-count indictment. After being denied adjudication as a youthful offender, defendant was sentenced in accordance with the plea agreement to a prison term of 3 to 6 years. We find no abuse of discretion in County Court's refusal to grant defendant youthful offender status given his prior criminal history as a juvenile and the serious nature of the instant crime wherein he shot the occupant of a parked vehicle ( see, People v. Woods, 239 A.D.2d 630, 631, lv denied 89 N.Y.2d 1103). Likewise, we do not find that the sentence imposed was harsh or excessive inasmuch as defendant received the benefit of his plea bargain ( see, id.).

Cardona, P.J., Mikoll, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Shabazz

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 764 (N.Y. App. Div. 1997)
Case details for

People v. Shabazz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL A. SHABAZZ…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 764 (N.Y. App. Div. 1997)
661 N.Y.S.2d 1012

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