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People v. Villavincencio

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1990
165 A.D.2d 934 (N.Y. App. Div. 1990)

Opinion

September 20, 1990

Appeal from the County Court of Schenectady County (Harrigan, J.).


The only issue defendant raises on this appeal is that the sentence he received, two concurrent prison terms of four years to life, is harsh and excessive. Although defendant did not receive the minimum sentence allowed by statute, he also did not receive the maximum sentence (see, Penal Law § 70.00 [a]; [3] [a] [ii]). Even more significant, defendant pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. Under such circumstances, we reject defendant's claim that the sentence he bargained for is harsh and excessive (see, People v. Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715; People v. Kazepis, 101 A.D.2d 816, 817).

Judgment affirmed. Mahoney, P.J., Weiss, Mikoll, Levine and Harvey, JJ., concur.


Summaries of

People v. Villavincencio

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1990
165 A.D.2d 934 (N.Y. App. Div. 1990)
Case details for

People v. Villavincencio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN VILLAVINCENCIO…

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

Date published: Sep 20, 1990

Citations

165 A.D.2d 934 (N.Y. App. Div. 1990)
561 N.Y.S.2d 98