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People v. Whitehead

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1242 (N.Y. App. Div. 2008)

Opinion

No. KA 07-00432.

March 14, 2008.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered October 30, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

BRENDAN O'DONNELL, INTERLAKEN, FOR DEFENDANT-APPELLANT.

CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (NICOLE L. BOSHART OF COUNSEL), FOR RESPONDENT.

Present: Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15). Contrary to defendant's contention, the bargained-for sentence is not rendered unduly harsh or severe by the fact that two of the codefendants received lesser sentences than defendant ( see People v Jones, 4 AD3d 796, 797, lv denied 2 NY3d 801; see generally People v Fernandez, 30 AD3d 626, 627), and the sentence otherwise is not unduly harsh or severe.


Summaries of

People v. Whitehead

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1242 (N.Y. App. Div. 2008)
Case details for

People v. Whitehead

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY WHITEHEAD, III…

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

Date published: Mar 14, 2008

Citations

49 A.D.3d 1242 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2324
852 N.Y.S.2d 879

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