PEOPLE v. SMITH


52 A.D.3d 968 (2008)

860 N.Y.S.2d 645

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 12, 2008.


Following a jury trial, defendant was found guilty of criminal sale of a controlled substance in the third degree, and sentenced to 4½ years in prison followed by two years of postrelease supervision. Defendant now appeals, contending that the sentence imposed was harsh and excessive.

While the prison term defendant received was greater than that apparently offered during the course of failed plea negotiations or sought by the People at sentencing, there is nothing...

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