PEOPLE v. ATKINSON (1997)

Supreme Court, Appellate Division, Third Department, New York.

The PEOPLE of the State of New York, Respondent, v. Seymour ATKINSON, Appellant.

Decided: April 03, 1997

Before MERCURE, J.P., and WHITE, CASEY, SPAIN and CARPINELLO, JJ.

Robert M. O'Leary, Public Defender (William L. Brown, of counsel), Binghamton, for appellant. Gerald F. Mollen, District Attorney (Joann Rose Parry, of counsel), Binghamton, for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 29, 1995, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree and was sentenced to a prison term of 1 1/3 to 4 years. On appeal, defendant argues that his sentence was harsh and excessive and requests that this court reduce it in the interest of justice. Given defendant's favorable plea bargain which included a sentence within the statutory parameters and the fact that a pending assault charge was merged into the plea, we find defendant's argument to be unpersuasive (see, People v. Sullivan, 215 A.D.2d 850, 626 N.Y.S.2d 331; People v. Snell, 207 A.D.2d 925, 616 N.Y.S.2d 260). Accordingly, we decline to disturb the sentence imposed by County Court.

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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