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People v. Dashnau

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


December 4, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
HERBERT L. DASHNAU, APPELLANT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Calendar Date: October 27, 2008

Before: Spain, J.P., Carpinello, Malone Jr., Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 3, 2007, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Having shot a man in the chest, defendant resolved a four-count indictment by pleading guilty to criminal possession of a weapon in the second degree. County Court thereafter sentenced defendant as negotiated to five years in prison and five years of postrelease supervision. Defendant now appeals, asserting that the sentence imposed was harsh and excessive. Upon our review of the record, we disagree. Noting the seriousness of the underlying crime, as well as defendant's extensive criminal history, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances justifying a modification of the sentence in the interest of justice (see People v Manning, 49 AD3d 966 [2008]). Consequently, the judgment is affirmed.

Spain, J.P., Carpinello, Malone Jr., Kavanagh and Stein, JJ.

ORDERED that the judgment is affirmed.

20081204

© 1992-2008 VersusLaw Inc.



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