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People v. Mitchell

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 795 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

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


Initially convicted of driving while intoxicated as a felony, defendant pleaded guilty to violating his probation after he was subsequently convicted of unlicensed operation of a motor vehicle. In addition, defendant pleaded guilty to burglary in the third degree in full satisfaction of a three-count superior court information. Defendant was sentenced to 1 1/3 to 4 years in prison on the driving while intoxicated charge. On the burglary charge, defendant was sentenced as a second felony offender to 2 1/2 to 5 years, to be served consecutively. Defendant contends that the sentences imposed were harsh and excessive, especially given the fact that they were imposed consecutively. We disagree. A review of the record reveals that County Court considered all of the relevant factors and circumstances in imposing the sentences, including defendant's alcohol abuse problem and the nature of his prior convictions ( see, People v. Barnes, 202 A.D.2d 872, lv denied 83 N.Y.2d 908). Accordingly, we find no reason to disturb them.

Cardona, P.J., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the judgments are affirmed.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 795 (N.Y. App. Div. 1997)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD L. MITCHELL…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 795 (N.Y. App. Div. 1997)
662 N.Y.S.2d 146

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