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People v. McCarthy

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 2005
23 A.D.3d 919 (N.Y. App. Div. 2005)

Opinion

15485.

November 23, 2005.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered January 16, 2004, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Alicia M. Nemec, Cooperstown, for appellant.

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

Before: Mercure, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.


Defendant was charged by an eight-count indictment with multiple crimes stemming from his role in the armed robbery of a convenience store. Pursuant to a negotiated plea agreement, defendant pleaded guilty to robbery in the second degree in exchange for an agreed-upon prison sentence of 10 years, to be followed by five years of postrelease supervision, and he agreed to pay restitution. Defendant was thereafter sentenced in accordance with the plea agreement. He now appeals.

We are unpersuaded by defendant's contention that his sentence is harsh and excessive. Absent an abuse of discretion or extraordinary circumstances, the sentence will not be disturbed ( see People v. Miller, 21 AD3d 1146, 1147; People v. Montgomery, 21 AD3d 1148, 1148). Here, given the violent nature of defendant's offense, we find no reason to reduce the agreed-upon sentence imposed ( see People v. Johnson, 21 AD3d 1149, 1150).

Ordered that the judgment is affirmed.


Summaries of

People v. McCarthy

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 2005
23 A.D.3d 919 (N.Y. App. Div. 2005)
Case details for

People v. McCarthy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL McCARTHY…

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

Date published: Nov 23, 2005

Citations

23 A.D.3d 919 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8896
804 N.Y.S.2d 151

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