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People v. Sweat

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 767 (N.Y. App. Div. 1999)

Opinion

January 14, 1999.

Appeal from the County Court of Broome County (Smith, J.).


We reject defendant's contention that the concurrent prison terms of 1 to 3 years in connection with his violation of probation and 2 1/4 to 4 1/2 years imposed upon his plea of guilty of attempted burglary in the second degree were harsh and excessive. Notably, defendant derived a substantial benefit by being allowed to plead guilty to the burglary charge in satisfaction of, inter alia, two indictments. Furthermore, County Court chose not to impose consecutive sentences. A review of the record reveals that County Court considered all of the relevant factors and circumstances here, including defendant's youth, and we find no reason to interfere with its exercise of discretion ( see, People v. Mitchell, 242 A.D.2d 795).

Cardona, P. J., Mikoll, Mercure, Spain and Carpinello, JJ., concur.

Ordered that the judgments are affirmed.


Summaries of

People v. Sweat

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 767 (N.Y. App. Div. 1999)
Case details for

People v. Sweat

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID P. SWEAT…

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

Date published: Jan 14, 1999

Citations

257 A.D.2d 767 (N.Y. App. Div. 1999)
685 N.Y.S.2d 299