PEOPLE v. SMITH


222 A.D.2d 738 (1995)

634 N.Y.S.2d 578

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

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

December 7, 1995


As the result of a police raid on a crack house in the City of Albany, defendant was found guilty after a jury trial of criminal use of drug paraphernalia in the second degree and resisting arrest. She was sentenced to consecutive terms of one year in jail for each crime. Defendant contends that the sentence imposed is harsh and excessive given her demonstrated commitment to rehabilitation and the care of her nine-year-old daughter. We agree.

The record reveals that...

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