People v Appleby |
2010 NY Slip Op 09582 [79 AD3d 1533] |
December 30, 2010 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Justin M. Appleby, Appellant. |
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Weeden A. Wetmore, District Attorney, Elmira (John M. Tuppen of counsel), for
respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered March 1, 2010, convicting defendant upon his plea of guilty of the crime of leaving the scene of an accident without reporting.
Defendant pleaded guilty to a single-count indictment charging him with leaving the scene of an accident without reporting, which resulted in the death of a bicyclist, and was sentenced to the agreed-upon prison term of 1 to 3 years. Defendant now appeals, contending only that the sentence imposed was harsh and excessive.
"Absent an abuse of discretion or extraordinary circumstances warranting a reduction of the
sentence imposed, a sentence that falls within the permissible statutory range will not be disturbed" (People v Hanrahan, 9 AD3d 689
[2004] [citations omitted]; see People v
Kennedy, 46 AD3d 1099, 1101 [2007], lv denied 10 NY3d 841 [2008]; People v Brown, 46 AD3d 949, 952
[2007], lv denied 10 NY3d 808 [2008]). Here, the sentence imposed was within the
permissible statutory range for a class D nonviolent felony (see Penal Law § 70.00 [2]
[d]; [3] [b] [2
Mercure, J.P., Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.