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People v. Sipley

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 910 (N.Y. App. Div. 1993)

Opinion

September 23, 1993

Appeal from the County Court of Franklin County (Main, Jr., J.).


Defendant contends that the People violated the terms of the plea agreement by failing to recommend that his sentence run concurrently with a previously imposed term of imprisonment and that the sentence of 2 1/3 to 7 years to be served consecutively to his previously imposed sentence is harsh and excessive. A review of the transcripts of the plea and sentencing minutes reveals that the People adhered to their promise not to object to a concurrent sentence (see, People v Walthour, 184 A.D.2d 858; People v Andrews, 155 A.D.2d 779). Further, given defendant's criminal record and the fact that he was allowed to plead guilty to one reduced charge in satisfaction of a six-count indictment and a pending information, we find no reason to disturb the sentence imposed by County Court (see, People v Bruce, 190 A.D.2d 907; People v Reyes, 122 A.D.2d 353, lv denied 68 N.Y.2d 917). We have considered defendant's other arguments and find them to be without merit.

Weiss, P.J., Mikoll, Mercure and Mahoney, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Sipley

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 910 (N.Y. App. Div. 1993)
Case details for

People v. Sipley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN M. SIPLEY, Also…

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

Date published: Sep 23, 1993

Citations

196 A.D.2d 910 (N.Y. App. Div. 1993)
602 N.Y.S.2d 222

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