From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Aug 2, 2007
43 A.D.3d 493 (N.Y. App. Div. 2007)

Opinion

No. 15865.

August 2, 2007.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered May 24, 2004, convicting defendant upon his plea of guilty of the crime of attempted robbery in the first degree.

G. Scott Walling, Queensbury, for appellant.

John F. Trice, District Attorney, Elmira, for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.


Resolving an indictment charging him with robbery in the first degree, defendant pleaded guilty to attempted robbery in the first degree and was sentenced within the parameters of the plea agreement as a second violent felony offender to 10 years in prison and five years of postrelease supervision. Defendant now appeals, contending that his sentence was harsh and excessive. We disagree and affirm. Acknowledging the seriousness of the crime pleaded to as well as defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of defendant's sentence in the interest of justice ( see People v Lanier, 37 AD3d 874, 874).

Ordered that the judgment is affirmed.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Aug 2, 2007
43 A.D.3d 493 (N.Y. App. Div. 2007)
Case details for

People v. Smith

Case Details

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

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

Date published: Aug 2, 2007

Citations

43 A.D.3d 493 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6295
840 N.Y.S.2d 236

Citing Cases

State v. Mead

Defendant now appeals, solely challenging the sentence imposed. Initially, we reject defendant's contention…

People v. Thompkins

We are also unpersuaded by defendant's argument that his sentence on the burglary conviction was harsh and…