| People v Whitehead |
| 2008 NY Slip Op 02324 [49 AD3d 1242] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Henry Whitehead, III, Appellant. |
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Cindy F. Intschert, District Attorney, Watertown (Nicole L. Boshart of counsel), for
respondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered October 30, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the first 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 of robbery 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 the codefendants received lesser sentences than defendant (see People v Jones, 4 AD3d 796, 797 [2004], lv denied 2 NY3d 801 [2004]; see generally People v Fernandez, 30 AD3d 626, 627 [2006]), and the sentence otherwise is not unduly harsh or severe. Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.