People v. Kelly

• Decision Date: 25 January 2001
• Citation: 718 N.Y.S.2d 906
• Parties: (A.D.3 Dept. 2001) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PENNY KELLY, Appellant. 11724 : THIRD JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 906

718 N.Y.S.2d 906 (A.D.3 Dept. 2001)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PENNY KELLY, Appellant.

11724

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: THIRD JUDICIAL DEPARTMENT

January 25, 2001

Stephen D. Balmer, Middle Grove, for appellant.

John R. Trice, District Attorney (John R. Trice of counsel), Elmira, for respondent.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 3, 1999, convicting defendant upon her plea of guilty of the crime of attempted sale of a controlled substance in the third degree.

Defendant pleaded guilty to a reduced charge of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3½ to 7 years. Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol addiction and her expression of remorse. In light of defendant's criminal history and the fact that the sentence was in accordance with the plea agreement, we find no reason to disturb the sentence imposed (see, People v Oliver, 251 AD2d 749; People v Williams, 238 AD2d 633, lv denied 90 NY2d 866).

ORDERED that the judgment is affirmed.

Cardona, P.J., Mercure, Peters, Mugglin and Rose, JJ., concur.