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People v. O'Byrne

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 1999
262 A.D.2d 867 (N.Y. App. Div. 1999)

Opinion

June 24, 1999

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 20, 1998, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Paul L. Gruner, Public Defender (Denise Y. Dourdeville of counsel), Kingston, for appellant.

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

Before: MERCURE, J.P., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ.


MEMORANDUM AND ORDER

Pursuant to a counseled plea agreement, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the second degree in full satisfaction of a four-count indictment and was sentenced to the maximum permissible prison term of 8 1/3 years to life. On appeal, defendant contends that the sentence imposed is harsh and excessive. We disagree. The record reveals that drug packaging materials, balance scales, over $1,500 in cash and more than eight ounces of cocaine evidencing defendant's extensive involvement in procuring the drugs were recovered from defendant's home. Notwithstanding defendant's lack of criminal history, given these factors and the fact that defendant agreed to the sentence as part of the negotiated plea bargain, we find no extraordinary circumstances nor abuse of discretion warranting a modification of the sentence imposed (see, People v. Mares, 256 A.D.2d 692, 682 N.Y.S.2d 692, lv denied 92 N.Y.2d 1035; People v. Etheridge, 233 A.D.2d 626, lv denied 89 N.Y.2d 921).

MERCURE, J.P., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. O'Byrne

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 1999
262 A.D.2d 867 (N.Y. App. Div. 1999)
Case details for

People v. O'Byrne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA H. O'BYRNE…

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

Date published: Jun 24, 1999

Citations

262 A.D.2d 867 (N.Y. App. Div. 1999)
694 N.Y.S.2d 488

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