People v. Butterfield

• Decision Date: 15 July 2004
• Docket Number: 13230.
• Citation: People v. Butterfield, 9 AD3d 682, 779 N.Y.S.2d 820, 2004 NY Slip Op 6052 (N.Y. App. Div. 2004)
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY BUTTERFIELD, Appellant.
• Court: New York Supreme Court — Appellate Division

9 A.D.3d 682

779 N.Y.S.2d 820

2004 NY Slip Op 06052

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY BUTTERFIELD, Appellant.

13230.

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

July 15, 2004.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered June 25, 2001, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the crime of robbery in the first degree and was sentenced to a prison term of eight years, followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh and excessive and that extraordinary circumstances, consisting of his positive progress in a drug treatment program and lack of felony convictions, warrant a reduction of the sentence in the interest of justice. We disagree. Defendant was sentenced in accordance with the negotiated plea agreement and, given the violent nature of the crime, his prior criminal history and his...