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People v. Kelly

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 891 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 3, 1999, convicting defendant upon her plea of guilty of the crime of attempted sale of a controlled substance in the third degree.

Stephen D. Balmer, Middle Grove, for appellant.

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

Before: Cardona, P.J., Mercure, Peters, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to a reduced charge of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3½ to 7 years. Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol addiction and her expression of remorse. In light of defendant's criminal history and the fact that the sentence was in accordance with the plea agreement, we find no reason to disturb the sentence imposed (see, People v. Oliver, 251 A.D.2d 749;People v. Williams, 238 A.D.2d 633, lv denied 90 N.Y.2d 866).

ORDERED that the judgment is affirmed.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 891 (N.Y. App. Div. 2001)
Case details for

People v. Kelly

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PENNY KELLY, Appellant

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 891 (N.Y. App. Div. 2001)
718 N.Y.S.2d 906

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