PEOPLE v. CASTRO


178 A.D.2d 681 (1991)

The People of the State of New York, Respondent, v. Edwin M. Castro, Appellant

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

December 5, 1991


We reject defendant's contention that the prison sentence he received as a second felony offender of 2 to 4 years was harsh and excessive. The crime he pleaded guilty to was a class D felony while the crime he was originally indicted for was a class B felony. Furthermore, the sentence was the most lenient sentence defendant could have received (see, Penal Law § 70.06 [3] [d]; [4]) and was in accordance with the plea bargain. Under these circumstances, we find...

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