PEOPLE v. GARDNER


53 A.D.2d 781 (1976)

The People of the State of New York, Respondent, v. Robert James Gardner, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 17, 1976


Defendant urges that the sentence to an indeterminate term not to exceed five years was harsh and excessive. Considering that defendant could have received a maximum of 15 years and not less than a mandatory three years upon his conviction for a class C felony, the County Court's imposition of a five-year maximum sentence cannot be said to constitute a clear abuse of its discretion, despite defendant's prior character and record which was fully presented to the trial court...

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