People v McCarthy

Decided and Entered: November 23, 2005

15485

THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v
MICHAEL McCARTHY,
Appellant.

Calendar Date: November 2, 2005
.....

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Decided and Entered: November 23, 2005 15485 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL McCARTHY, Appellant. ________________________________ Calendar Date: November 2, 2005 Before: Mercure, J.P., Peters, Carpinello, Mugglin and Rose, JJ. __________ Alicia M. Nemec, Cooperstown, for appellant. Robert M. Winn, District Attorney, Fort Edward, for respondent. __________ Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered January 16, 2004, convicting defendant upon his plea of guilty of the crime of robbery in the second degree. Defendant was charged by an eight-count indictment with multiple crimes stemming from his role in the armed robbery of a convenience store. Pursuant to a negotiated plea agreement, defendant pleaded guilty to robbery in the second degree in exchange for an agreed-upon prison sentence of 10 years, to be followed by five years of postrelease supervision, and he agreed to pay restitution. Defendant was thereafter sentenced in accordance with the plea agreement. He now appeals. We are unpersuaded by defendant’s contention that his sentence is harsh and excessive. Absent an abuse of discretion or extraordinary circumstances, the sentence will not be disturbed (see People v Miller, 21 AD3d 1146, 1147 [2005]; People v Montgomery, 21 AD3d 1148, 1148 [2005]). Here, given the violent nature of defendant’s offense, we find no reason to reduce the agreed-upon sentence imposed (see People v Johnson, 21 AD3d 1149, 1150 [2005]). Mercure, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. ORDERED that the judgment is affirmed.

People v McCarthy

Decided and Entered: November 23, 2005 15485 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL McCARTHY, Appellant. ________________________________ Calendar Date: November 2, 2005 .....

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Decided and Entered: November 23, 2005

15485

THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v
MICHAEL McCARTHY,
Appellant.

Calendar Date: November 2, 2005
.....