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People v. Wood [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 1999
260 A.D.2d 726 (N.Y. App. Div. 1999)

Opinion

April 8, 1999

Appeal from a judgment of the County Court of Washington County (Hemmett Jr., J.), rendered February 27, 1998, convicting defendant upon his plea of guilty of the crime of attempted assault in the first degree.

Paul Robert Maher, Clifton Park, for appellant.

Robert M. Winn, District Attorney, Fort Edward, for respondent.

Before: Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Graffeo, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of attempted assault in the first degree in satisfaction of a five-count indictment. In accordance with the People's recommendation, defendant was sentenced as a second violent felony offender to a determinate prison term of 15 years, to run consecutive to the sentence he was currently serving. Defendant appeals, contending that the sentence imposed was harsh and excessive.

We disagree. The record reveals that defendant was aware at the time of the plea colloquy that County Court intended to impose the sentence recommended by the People. Furthermore, given the brutal nature of the crime and his prior criminal history, we find no extraordinary circumstances warranting a reduction of the sentence imposed (see generally, People v. Durrence, 244 A.D.2d 728, lv denied 91 N.Y.2d 924).

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Graffeo, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Wood [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 1999
260 A.D.2d 726 (N.Y. App. Div. 1999)
Case details for

People v. Wood [3d Dept 1999

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL WOOD, Appellant

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

Date published: Apr 8, 1999

Citations

260 A.D.2d 726 (N.Y. App. Div. 1999)
686 N.Y.S.2d 335

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