| People v Whitehead |
| 2008 NY Slip Op 02324 [49 AD3d 1242] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v HenryWhitehead, III, Appellant. |
—[*1] Cindy F. Intschert, District Attorney, Watertown (Nicole L. Boshart of counsel), forrespondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), renderedOctober 30, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in thefirst degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofrobbery in the first degree (Penal Law § 160.15 [1]). Contrary to defendant's contention,the bargained-for sentence is not rendered unduly harsh or severe by the fact that two of thecodefendants received lesser sentences than defendant (see People v Jones, 4 AD3d 796, 797 [2004], lv denied 2NY3d 801 [2004]; see generally Peoplev Fernandez, 30 AD3d 626, 627 [2006]), and the sentence otherwise is not unduly harshor severe. Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.