PEOPLE v. KUSMIREK

109524.

171 A.D.3d 1311 (2019)

95 N.Y.S.3d 912

2019 NY Slip Op 02756

The People of the State of New York, Respondent, v. Tomasz Kusmirek, Appellant.

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

Decided April 11, 2019.


After waiving indictment and agreeing to be prosecuted by a superior court information, defendant pleaded guilty to arson in the third degree and waived his right to appeal. Thereafter, County Court sentenced defendant, in accordance with the terms of the plea agreement, to a prison term of 3 to 9 years. Defendant appeals.

Defendant's sole contention on appeal is that the sentence is harsh and excessive given, among other things, his minimal criminal history and history...

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