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People v. Sherald

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 973 (N.Y. App. Div. 2007)

Opinion

No. 100709.

November 8, 2007.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered February 3, 2006, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Peter B. Meadow, Grahamsville, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Carole M. Cassidy of counsel), for respondent.

Before: Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ., concur.


Satisfying a two-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced in accordance with the plea bargain as a second felony offender to 3½ years in prison and three years of postrelease supervision. Defendant now appeals, arguing that the sentence imposed is harsh and excessive. We disagree and affirm. Defendant, who has an extensive criminal history, agreed to the sentence as part of a negotiated plea resolution. Accordingly, we find neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v Strauss, 16 AD3d 707, 708).

Ordered that the judgment is affirmed.


Summaries of

People v. Sherald

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 973 (N.Y. App. Div. 2007)
Case details for

People v. Sherald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT SHERALD…

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

Date published: Nov 8, 2007

Citations

45 A.D.3d 973 (N.Y. App. Div. 2007)
845 N.Y.S.2d 176

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