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People v. Sipe

Appellate Division of the Supreme Court of New York, Third Department
May 6, 2004
7 A.D.3d 827 (N.Y. App. Div. 2004)

Opinion

12994.

Decided and Entered: May 6, 2004.

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered March 16, 2000, convicting defendant upon his plea of guilty of the crimes of robbery in the first degree (three counts), grand larceny in the third degree, grand larceny in the fourth degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

Robert R. La Londe, Ithaca, for appellant.

George M. Dentes, District Attorney, Ithaca (Dale A. Worrall of counsel), for respondent.

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


MEMORANDUM AND ORDER

Defendant was charged in an 11-count indictment with numerous crimes after robbing a bank in the City of Ithaca, Tompkins County. After placing a bag over his head, defendant entered a bank and, at gunpoint, demanded that the teller turn over money. After leaving with the money, defendant was involved in a high speed car chase with police and was ultimately apprehended. Defendant pleaded guilty to three counts of robbery in the first degree, grand larceny in the third degree, grand larceny in the fourth degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree in full satisfaction of the indictment. No promise was made concerning sentencing. Defendant was subsequently sentenced to various concurrent terms of imprisonment, the maximum of which was nine years on the robbery convictions.

Defendant's sole contention on appeal is that the sentence is harsh and excessive. Notwithstanding defendant's lack of criminal record, we find his argument unconvincing (see e.g. People v. Curry, 294 A.D.2d 608, 612, lv denied 98 N.Y.2d 674). The circumstances of the incident reveal that defendant carefully planned the robbery, seriously traumatized bank employees while executing it and jeopardized the safety of the police and the public during the high speed chase. Consequently, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. King, 277 A.D.2d 708, 712, lv denied 96 N.Y.2d 802).

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

ORDERED that the judgment is affirmed.


Summaries of

People v. Sipe

Appellate Division of the Supreme Court of New York, Third Department
May 6, 2004
7 A.D.3d 827 (N.Y. App. Div. 2004)
Case details for

People v. Sipe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID A. SIPE…

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

Date published: May 6, 2004

Citations

7 A.D.3d 827 (N.Y. App. Div. 2004)
776 N.Y.S.2d 370

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