Appellate Division of the Supreme Court of New York, 1997

People v. Owens

Appellate Division of the Supreme Court of New York · Decided September 11, 1997

242 A.D.2d 797; 661 N.Y.S.2d 1015; 1997 N.Y. App. Div. LEXIS 8648

Cases that cite this one

2 later published cases cite this decision.

People v. Beyer (Appellate Division of the Supreme Court of New York 2005)
People v. Herring (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

Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered October 18, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in full satisfaction of a six-count indictment with the understanding that the People would recommend a prison term of 4V2 to 9 years. Defendant failed to appear for sentencing. Upon being rearrested for a *798drug-related crime two years later, defendant was sentenced as a second felony offender to a prison term of 7V2 to 15 years. Defendant’s sole contention on appeal is that his sentence was excessive in light of his health problems and his mother’s terminal illness. We disagree. Under the circumstances presented here, the mitigating circumstances advanced by defendant do not warrant interference with the sentence imposed (see, People v McGarry, 219 AD2d 744, lv denied 87 NY2d 848; People v Shuman, 213 AD2d 902, lv denied 86 NY2d 741).

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

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