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People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 923 (N.Y. App. Div. 1994)

Opinion

March 31, 1994

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


Upon entering his plea of guilty to burglary in the second degree, defendant was sentenced as a second felony offender to a prison term of 4 to 8 years. In rejecting his claim that the sentence was harsh or excessive, we note that it was the most lenient sentence possible and that it was imposed in accordance with the plea agreement. In addition, the sentence was made to run concurrently with the sentence he was then currently serving on another conviction. Given these circumstances, we find no reason to disturb the sentence imposed by County Court.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 923 (N.Y. App. Div. 1994)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OWEN H. SMITH…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 923 (N.Y. App. Div. 1994)
610 N.Y.S.2d 883