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People v. Ashley

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 594 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered August 2, 1999, convicting defendant upon his plea of guilty of two counts of the crime of robbery in the second degree.

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney, Canton, for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Rose, JJ.


MEMORANDUM AND ORDER

Following the withdrawal of his initial plea, defendant pleaded guilty to two counts of robbery in the second degree and was sentenced in accordance with the negotiated plea agreement to concurrent terms of imprisonment of five years.

We would reject defendant's contention that the agreed-upon sentence should be reduced in the interest of justice. Notwithstanding defendant's laudable military service and his challenge to the information contained in the presentence investigation report, we find no extraordinary circumstances nor abuse of discretion warranting a reduction of the sentence imposed (see, People v. Jenkins, 256 A.D.2d 735, 737, lv denied 93 N.Y.2d 854; People v. Moneyhan, 248 A.D.2d 735, 737, lv denied 91 N.Y.2d 1010).

ORDERED that the judgment is affirmed.


Summaries of

People v. Ashley

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 594 (N.Y. App. Div. 2000)
Case details for

People v. Ashley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK R. ASHLEY…

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

Date published: Dec 14, 2000

Citations

278 A.D.2d 594 (N.Y. App. Div. 2000)
718 N.Y.S.2d 232

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