From Casetext: Smarter Legal Research

People v. Oliver

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 749 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the County Court of Chemung County (Danaher, Jr. J.).


Defendant pleaded guilty to the crime of attempted criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3 1/2 to 7 years. Defendant appeals, contending that his prison sentence is excessive. We disagree. Defendant was permitted to plead to a lesser crime than that with which he was originally charged and he was sentenced in accordance with the plea agreement ( see, People v. Williams, 238 A.D.2d 633, lv denied 90 N.Y.2d 866). Furthermore, we find no extraordinary circumstances warranting a reduction of the sentence imposed. Accordingly, we conclude that the sentence should not be disturbed ( see, id.).

Mikoll, J. P., Mercure, White, Peters and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Oliver

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 749 (N.Y. App. Div. 1998)
Case details for

People v. Oliver

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMIE L. OLIVER…

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 749 (N.Y. App. Div. 1998)
673 N.Y.S.2d 337

Citing Cases

People v. Youmans

On appeal, defendant contends that the sentence imposed was harsh and excessive and should be reduced in the…

People v. Kelly

Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol…