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People v. Rose

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 914 (N.Y. App. Div. 1993)

Opinion

March 18, 1993

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


Defendant's only argument on this appeal is that the sentence of 3 to 9 years' imprisonment that he received upon his plea of guilty was harsh and excessive. Defendant was allowed to plead guilty to one count of sodomy in the first degree in satisfaction of a four-count indictment. In addition, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed which, while the harshest allowed by the terms of the plea bargain, was much less than the harshest possible sentence allowed by law. Given these circumstances, we find no basis to disturb the sentence imposed by County Court (see, People v Gonzalez, 178 A.D.2d 850, lv denied 79 N.Y.2d 948; People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Weiss, P.J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Rose

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 914 (N.Y. App. Div. 1993)
Case details for

People v. Rose

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL L. ROSE…

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

Date published: Mar 18, 1993

Citations

191 A.D.2d 914 (N.Y. App. Div. 1993)
595 N.Y.S.2d 336