Appellate Division of the Supreme Court of New York, 1998

People v. Smith

People v. Smith
Appellate Division of the Supreme Court of New York · Decided September 24, 1998
253 A.D.2d 688; 677 N.Y.S.2d 473; 1998 N.Y. App. Div. LEXIS 9658
People v. Smith

Opinion of the Court

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered July 2, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the first and second degrees, and sentencing him, as a second felony offender, to consecutive terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed.

We find no significant mitigating factors authorizing concurrent sentences pursuant to Penal Law ยง 70.25 (2-b) (see, People v Garcia, 84 NY2d 336). In any event, we perceive no abuse of sentencing discretion. Concur โ€” Lerner, P. J., Milonas, Wallach and Rubin, JJ.

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