From Casetext: Smarter Legal Research

People v. Montgomery

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 2005
21 A.D.3d 1148 (N.Y. App. Div. 2005)

Opinion

14540.

September 15, 2005.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered November 26, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Paul L. Gruner, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant.

Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ., concur.


In accordance with a negotiated plea agreement, defendant pleaded guilty to robbery in the second degree and was sentenced to a prison term of 10 years, with five years of postrelease supervision. Defendant's sole contention on appeal is that his sentence is harsh and excessive.

We disagree. Defendant's sentence is within the statutory parameters and, thus, will not be disturbed absent a showing that County Court abused its discretion or extraordinary circumstances exist warranting a reduction in the interest of justice ( see People v. Bozydaj, 14 AD3d 791, 792, lv denied 4 NY3d 884; People v. Dedmon, 10 AD3d 738, 739, lv denied 3 NY3d 756), neither of which is present here. Although we note defendant's young age, the agreed-upon sentence imposed was less than the statutory maximum ( see Penal Law § 70.02), and the fact that his codefendants may have received lesser sentences for the same crime "does not warrant disturbing County Court's exercise of discretion in this regard" ( People v. Irizarry, 289 AD2d 875, 876; see People v. McLean, 307 AD2d 586, 588, lv denied 100 NY2d 643).

Ordered that the judgment is affirmed.


Summaries of

People v. Montgomery

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 2005
21 A.D.3d 1148 (N.Y. App. Div. 2005)
Case details for

People v. Montgomery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS MONTGOMERY…

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

Date published: Sep 15, 2005

Citations

21 A.D.3d 1148 (N.Y. App. Div. 2005)
800 N.Y.S.2d 784

Citing Cases

People v. William

30; People v Goodings, 277 AD2d 725, 726, lv denied 96 NY2d 735) and was prepared prior to sentencing.…

People v. Thompkins

We are also unpersuaded by defendant's argument that his sentence on the burglary conviction was harsh and…