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People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2001
288 A.D.2d 693 (N.Y. App. Div. 2001)

Opinion

November 21, 2001.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered July 7, 1999, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the seventh degree (two counts).

Charles E. Inman, Public Defender (Alexander W. Bloomstein of counsel), Hudson, for appellant.

Beth G. Cozzolino, District Attorney, Hudson, for respondent.

Before: Cardona, P.J., Crew III, Peters, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the seventh degree. Although defense counsel and the People offered a joint recommendation that defendant be sentenced to 5 to 15 years in prison, County Court ultimately imposed a prison term of 6 to 18 years. Defendant appeals, contending that the court abused its discretion by imposing a harsh and excessive sentence. The record establishes that the court, not bound by the sentencing recommendation, considered all relevant factors, including defendant's lack of remorse, prior to imposing the sentence. We, accordingly, find no abuse of discretion and reject defendant's assertion that the sentence imposed was harsh and excessive (see, People v. Hope, 274 A.D.2d 673, lv denied 95 N.Y.2d 890).

Cardona, P.J., Crew III, Peters, Mugglin and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2001
288 A.D.2d 693 (N.Y. App. Div. 2001)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SMITH…

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

Date published: Nov 21, 2001

Citations

288 A.D.2d 693 (N.Y. App. Div. 2001)
732 N.Y.S.2d 917

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