Appellate Division of the Supreme Court of New York, 1997

People v. Kitchings

Appellate Division of the Supreme Court of New York · Decided May 8, 1997 · Carpinello

239 A.D.2d 665; 657 N.Y.S.2d 126; 1997 N.Y. App. Div. LEXIS 4943

Cases that cite this one

5 later published cases cite this decision.

People v. Montgomery (Appellate Division of the Supreme Court of New York 2005)
People v. Samuel (Appellate Division of the Supreme Court of New York 2001)
People v. Gadsden (Appellate Division of the Supreme Court of New York 2000)
People v. Masterson (Appellate Division of the Supreme Court of New York 1998)
People v. Brown (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Carpinello, J.

Following a jury trial, defendant was convicted of the crimes of criminal sale and criminal possession of a controlled substance in the third degree and was sentenced to concurrent prison terms of 5 to 15 years. Defendant contends on this ap*666peal that his sentences were harsh and excessive in light of his brief criminal record (one prior conviction in 1976 of criminal possession of a controlled substance in the seventh degree) and his steady employment history (23 years with the same company). Defendant’s contentions are unpersuasive. The sentences fall within the statutory parameters and are appropriate given the nature of defendant’s crimes and the absence of a showing of extraordinary circumstances. We, accordingly, decline to disturb them (see, People v Wilson, 210 AD2d 520, 523, lv denied 85 NY2d 982; People v Powell, 209 AD2d 879, 882, lv denied 84 NY2d 1037; People v Willis, 200 AD2d 903, 904).

Cardona, P. J., Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed.

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