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People v. Shearer

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 681 (N.Y. App. Div. 2003)

Opinion

13087

Decided and Entered: January 2, 2003.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 24, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Jay L. Wilber, Public Defender, Binghamton (Thomas R. Cline of counsel), for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Benjamin K. Bergman of counsel), for respondent.

Before: Cardona, P.J., Mercure, Crew III, Spain and, Carpinello, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to 3 to 9 years in prison. We are unpersuaded by defendant's contention that the sentence imposed was harsh or excessive. Given defendant's criminal background, which was amassed over a short period of time, and that the sentence was consistent with the plea agreement, we find no reason to disturb the sentence imposed by County Court (see People v. McCray, 243 A.D.2d 953;People v. Roberts, 186 A.D.2d 842).

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Shearer

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 681 (N.Y. App. Div. 2003)
Case details for

People v. Shearer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIL S. SHEARER…

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

Date published: Jan 2, 2003

Citations

301 A.D.2d 681 (N.Y. App. Div. 2003)
752 N.Y.S.2d 908