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People v. Kenyon

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 914 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the County Court of Broome County (Smith, J.).


Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of attempted robbery in the first degree and was sentenced as a second felony offender to a prison term of 4 to 8 years, to be served consecutively with the prison term of 1 to 3 years which he was already serving. Defendant contends that his sentence is harsh and excessive in that this is his first conviction of a violent felony offense. While this contention is accurate, a review of the record discloses that defendant has amassed an extensive history of criminal conduct over the past 20 years, causing his probation officer to characterize him as "a habitual criminal". It must also be noted that the challenged sentence was imposed in accordance with a plea bargain agreement pursuant to which defendant was permitted to plead guilty to a lesser crime than that with which he was originally charged. Under the circumstances presented here, we conclude that the sentence was appropriate ( see, People v. Millard, 241 A.D.2d 567).

Cardona, P.J., Mercure, White, Yesawich Jr. and Peters, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Kenyon

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 914 (N.Y. App. Div. 1997)
Case details for

People v. Kenyon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM E. KENYON…

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

Date published: Dec 24, 1997

Citations

245 A.D.2d 914 (N.Y. App. Div. 1997)
666 N.Y.S.2d 56

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