PEOPLE v. SMITH


288 A.D.2d 693 (2001)

732 N.Y.S.2d 917

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SMITH, Appellant.

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

Decided November 21, 2001.


Defendant pleaded guilty to two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the seventh degree. Although defense counsel and the People offered a joint recommendation that defendant be sentenced to 5 to 15 years in prison, County Court ultimately imposed a prison term of 6 to 18 years. Defendant appeals, contending that the court abused its discretion by imposing a harsh and excessive...

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