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People v. Santiago

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 979 (N.Y. App. Div. 2004)

Opinion

12127.

Decided and Entered: April 29, 2004.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 28, 2000, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

Paul R. Corradini, Public Defender, Elmira (Michael P. Nevins of counsel), for appellant.

John Trice, District Attorney, Elmira, for respondent.

Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Following a jury trial, defendant was found guilty of the crime of promoting prison contraband in the first degree. He was sentenced as a second felony offender to a prison term of 3 to 6 years to run consecutive with his existing prison sentence. We are unpersuaded by defendant's sole contention on appeal that the sentence imposed was harsh and excessive. County Court appropriately considered the nature of the crime and defendant's extensive criminal history before imposing sentence. Inasmuch as the record reveals no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence imposed ( see People v. Pagan, 304 A.D.2d 980, 981, lv denied 100 N.Y.2d 564; People v. Anderson, 299 A.D.2d 578, 579-580, lv denied 99 N.Y.2d 580), it will not be disturbed.

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 979 (N.Y. App. Div. 2004)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS SANTIAGO…

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

Date published: Apr 29, 2004

Citations

6 A.D.3d 979 (N.Y. App. Div. 2004)
775 N.Y.S.2d 606

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