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People v. Murphy

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 2008
867 N.Y.S.2d 355 (N.Y. App. Div. 2008)

Opinion

No. 101125.

November 20, 2008.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 8, 2007, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Robert K. Hughes, Dewitt, for appellant.

P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Malone Jr. and Stein, JJ.


Defendant pleaded guilty to burglary in the second degree with the understanding that he would be sentenced to a determinate term of imprisonment of no less than seven years and no greater than 10 years, along with a three-year period of postrelease supervision. County Court thereafter sentenced defendant to nine years in prison and three years of postrelease supervision.

Defendant's sole argument on this appeal is that the sentence imposed was harsh and excessive. We disagree, noting that our review of the record reveals neither an abuse of discretion by County Court nor the existence of extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v Favor, 49 AD3d 915, 916). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Murphy

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 2008
867 N.Y.S.2d 355 (N.Y. App. Div. 2008)
Case details for

People v. Murphy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA MURPHY…

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

Date published: Nov 20, 2008

Citations

867 N.Y.S.2d 355 (N.Y. App. Div. 2008)
56 A.D.3d 951
2008 N.Y. Slip Op. 9115

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