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People v. Durrence

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 728 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

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


Defendant pleaded guilty to the crime of burglary in the second degree in satisfaction of two indictments and several other charges involving his alleged participation in a series of burglaries in Franklin County and was sentenced to a prison term of 6 to 12 years. We reject defendant's contention that the sentence was harsh and excessive and should be reduced because it was disproportionate to the 3 to 9-year sentence imposed upon his codefendant. The fact that defendant received a greater sentence than that of his codefendant does not require that the sentence be modified ( see, People v. Laraby, 196 A.D.2d 942, lv denied 82 N.Y.2d 898). County Court explained that any disparity in sentencing was the product of its consideration of a number of subjective and objective factors unique to each defendant. Given the nature of defendant's crime, his criminal history and the fact that his plea significantly reduced his potential sentencing exposure, we find no basis upon which the sentence should be disturbed ( see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899). Defendant's remaining contention has been considered and found to be without merit.

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Durrence

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 728 (N.Y. App. Div. 1997)
Case details for

People v. Durrence

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY DURRENCE…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 728 (N.Y. App. Div. 1997)
666 N.Y.S.2d 49

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