People v. Montgomery
| Decision Date | 31 October 2005 |
| Citation | People v. Montgomery, 840 N.E.2d 144, 5 N.Y.3d 855 (N.Y. 2005) |
| Parties | PEOPLE v. MONTGOMERY |
| Court | New York Court of Appeals Court of Appeals |
Appeal from 3d Dept.: 21 A.D.3d 1148, 800 N.Y.S.2d 784 (Ulster).
Application for leave to appeal—criminal. Denied. (Graffeo, J.).
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1 cases
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People v. Harvey
... ... denied18 N.Y.3d 960, 944 N.Y.S.2d 489, 967 N.E.2d 714 [2012] ). Defendant's sentence was not harsh or excessive. The fact that Boyd received a lesser sentence for the same crime does not warrant a reduction of defendant's sentence ( see People v. Montgomery, 21 A.D.3d 1148, 1149, 800 N.Y.S.2d 784 [2005],lv. denied5 N.Y.3d 855, 806 N.Y.S.2d 175, 840 N.E.2d 144 [2005] ). Moreover, defendant was sentenced as a second felony offender, has a prior felony drug conviction, has not taken responsibility for his actions, was on parole at the time of this ... ...