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People v. Galloway

172 A.D.2d 879 Court N.Y. App. Div. Decision date 1991-04-04 English

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p. 879
The People of the State of New York, Respondent, v Garth K. Galloway, Appellant.

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 8, 1989, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

We reject defendant’s assertion that the prison sentence he received of 4 to 8 years as a second felony offender was harsh and excessive. The sentence was in accord with the plea bargain agreement and was well within the statutory limits (see, People v Mackey, 136 AD2d 780 , lv denied 71 NY2d 899 ). Given defendant’s criminal record and the fact that the plea was in full satisfaction of a four-count indictment, we find no abuse of discretion in the sentence imposed by County Court (see, People v Dean, 155 AD2d 774 , lv denied 75 NY2d 812 ).

Judgment affirmed. Casey, J. P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.

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