PEOPLE v. SMITH


202 A.D.2d 923 (1994)

610 N.Y.S.2d 883

The People of the State of New York, Respondent, v. Owen H. Smith, Appellant

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

March 31, 1994


Upon entering his plea of guilty to burglary in the second degree, defendant was sentenced as a second felony offender to a prison term of 4 to 8 years. In rejecting his claim that the sentence was harsh or excessive, we note that it was the most lenient sentence possible and that it was imposed in accordance with the plea agreement. In addition, the sentence was made to run concurrently with the sentence he was then currently serving on another conviction. Given these circumstances...

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