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People v. Cota

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 2002
300 A.D.2d 700 (N.Y. App. Div. 2002)

Opinion

13845

Decided and Entered: December 5, 2002.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered February 8, 2002, convicting defendant upon his plea of guilty of two counts of the crime of burglary in the third degree.

Bonnie Burgio, Watertown, for appellant.

John R. Trice, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.

Before: CREW III, J.P., CARPINELLO, MUGGLIN, LAHTINEN and, KANE, JJ.


MEMORANDUM AND ORDER

In satisfaction of a seven-count indictment, defendant pleaded guilty to two counts of burglary in the third degree and was sentenced as a second felony offender to concurrent prison terms of 3 to 6 years. Defendant contends on appeal that the sentence imposed was harsh and excessive, especially given his alcohol addiction. In light of defendant's criminal history, his status of being on parole at the time of the current offense and given that the sentence was in accordance with the negotiated plea agreement, we find no reason to disturb the sentence imposed (see People v. Kelly, 279 A.D.2d 891, lv denied 96 N.Y.2d 802;People v. Addison, 252 A.D.2d 597).

CREW III, J.P., CARPINELLO, MUGGLIN, LAHTINEN and KANE, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Cota

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 2002
300 A.D.2d 700 (N.Y. App. Div. 2002)
Case details for

People v. Cota

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC J. COTA, Appellant

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

Date published: Dec 5, 2002

Citations

300 A.D.2d 700 (N.Y. App. Div. 2002)
749 N.Y.S.2d 914

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