Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 1996Published

1Opinion of the Court

—Appeal from two judgments of the County Court of Cortland County (Mullen, J.), rendered January 23, 1995, convicting defendant upon his plea of guilty of two counts of the crime of sexual abuse in the first degree.

Pursuant to a plea agreement, defendant pleaded guilty to two counts of the crime of sexual abuse in the first degree for which he was sentenced as a second felony offender to two consecutive terms of 31/2 to 7 years’ incarceration. Defendant contends that his sentence was harsh and excessive. We disagree. Defendant has six prior convictions all arising out of his sexual abuse of…

2Cases cited2 opinions

  1. People v. GutkaissAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. FedonickAppellate Division of the Supreme Court of the State of New York · 1995

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