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People v. Thomas Nardi

Appellate Division of the Supreme Court of New York, Third Department
Oct 10, 1996
232 A.D.2d 673 (N.Y. App. Div. 1996)

Opinion

October 10, 1996.

Appeal from a judgment of the County Court of Albany County (Teresi, J.), rendered August 10, 1994, convicting defendant upon his plea of guilty of the crimes of forgery in the second degree, criminal possession of a forged instrument in the second degree and grand larceny in the third degree.

Before: Mercure, J.P., Crew III, Casey, Yesawich Jr. and Spain, JJ.


In satisfaction of four indictments, defendant pleaded guilty to the crimes of forgery in the second degree, criminal possession of a forged instrument in the second degree and grand larceny in the third degree. He was sentenced, respectively, to consecutive prison terms of 2 1/3 to 7 years, 1 1/3 to 4 years and 1 1/3 to 4 years for a cumulative prison term of 5 to 15 years. Defendant contends that the sentence is harsh and excessive given his age, medical condition and background. Initially, inasmuch as defendant specifically waived his right to appeal the sentence as part of his voluntary, intelligent and knowing guilty plea, he has failed to preserve this claim for our review ( see, People v Sullivan, 223 AD2d 893). Nevertheless, were we to consider the merits, we would find that the sentence is neither harsh nor excessive in view of defendant's lengthy criminal record and the fact that he agreed to the sentence as part of the plea bargain ( see, supra).

Ordered that the judgment is affirmed.


Summaries of

People v. Thomas Nardi

Appellate Division of the Supreme Court of New York, Third Department
Oct 10, 1996
232 A.D.2d 673 (N.Y. App. Div. 1996)
Case details for

People v. Thomas Nardi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS NARDI, Also…

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

Date published: Oct 10, 1996

Citations

232 A.D.2d 673 (N.Y. App. Div. 1996)
648 N.Y.S.2d 60

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