PEOPLE v. KEARNEY


170 A.D.2d 833 (1991)

The People of the State of New York, Respondent, v. David Kearney, Appellant

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

February 21, 1991


Defendant's only contention on appeal is that his sentence of 4 to 8 years' imprisonment should be reduced in the interest of justice. Not only did defendant plead guilty knowing that he would receive the sentence ultimately imposed by County Court, but his sentence was well within the range permissible for a second felony offender (Penal Law § 70.06 [3] [c]; [4]). Under the circumstances and given defendant's criminal record, which includes convictions for crimes similar...

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