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People v. Rosa-Oyola

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 2003
301 A.D.2d 750 (N.Y. App. Div. 2003)

Opinion

13378

January 9, 2003.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered June 18, 2001, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance 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: Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER

Pursuant to a plea bargain agreement, defendant pleaded guilty to the reduced count of criminal possession of a controlled substance in the second degree in full satisfaction of an eight-count indictment. He was sentenced to the agreed-upon prison term of six years to life. Defendant contends on this appeal that the sentence imposed by County Court was harsh and excessive given that this is his first criminal conviction. Defendant's lack of criminal history notwithstanding, we see no reason to disturb the sentence imposed herein (see People v. Serna, 270 A.D.2d 646,lv denied 95 N.Y.2d 804). Our review of the record discloses no abuse of discretion on the part of the sentencing court nor are there any extraordinary circumstances that would warrant a modification of the sentence in the interest of justice (see People v. Chester, 297 A.D.2d 862;People v. Rutledge, 282 A.D.2d 870).

Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Rosa-Oyola

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 2003
301 A.D.2d 750 (N.Y. App. Div. 2003)
Case details for

People v. Rosa-Oyola

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR ROSA-OYOLA…

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

Date published: Jan 9, 2003

Citations

301 A.D.2d 750 (N.Y. App. Div. 2003)
752 N.Y.S.2d 915

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