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People v. Etheridge

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 626 (N.Y. App. Div. 1996)

Opinion

November 14, 1996.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 7, 1995, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Before: Cardona, P.J., White, Casey, Peters and Spain, JJ.


Defendant was charged with the crimes of criminal possession of a controlled substance in the first and third degrees, having been arrested while in possession of 694 vials and nine plastic bags of cocaine. Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of criminal possession of a controlled substance in the second degree in exchange for an agreed-upon prison sentence of five years to life.

Defendant appeals, contending that this sentence is harsh and excessive given his previously clean criminal record. Our review, however, reveals that defendant admitted to both possession of the drugs and knowledge of their weight. Further, his sentence was imposed pursuant to the terms of a plea bargain agreement and is within the statutory guidelines. The sentence does not constitute an abuse of County Court's discretion and it will not, accordingly, be disturbed ( see, People v Hunter, 217 AD2d 723, lv denied 86 NY2d 843).

Ordered that the judgment is affirmed.


Summaries of

People v. Etheridge

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 626 (N.Y. App. Div. 1996)
Case details for

People v. Etheridge

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. MAKELLIA C. ETHERIDGE…

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

Date published: Nov 14, 1996

Citations

233 A.D.2d 626 (N.Y. App. Div. 1996)
650 N.Y.S.2d 320

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