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People v. Marcano

Appellate Division of the Supreme Court of New York, Third Department
Oct 21, 1999
265 A.D.2d 673 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Appeal from a judgment of the County Court of Schenectady County (Tomlinson, J.).


Even if preserved for our review (see, People v. Charles, 258 A.D.2d 740, lv denied 93 N.Y.2d 968), we would reject defendant's contention that the sentence of 9 to 18 years in prison pursuant to his plea of guilty of the crime of robbery in the first degree was harsh and excessive. Given the nature of the crime, during the commission of which defendant fired two shots from a sawed-off .22-caliber rifle, and the fact that defendant agreed to the sentence as part of a negotiated plea, we find no abuse of discretion or any extraordinary circumstances warranting a reduction of the sentence imposed in the interest of justice (see generally, People v. Denegar, 253 A.D.2d 908, lv denied 92 N.Y.2d 949;People v. Hicks, 245 A.D.2d 979).

MIKOLL, J.P., CREW III, YESAWICH JR., GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Marcano

Appellate Division of the Supreme Court of New York, Third Department
Oct 21, 1999
265 A.D.2d 673 (N.Y. App. Div. 1999)
Case details for

People v. Marcano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER MARCANO…

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

Date published: Oct 21, 1999

Citations

265 A.D.2d 673 (N.Y. App. Div. 1999)
696 N.Y.S.2d 578

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