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PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PENNY KELLY, Appellant.

MEMORANDUM AND ORDER

Defendant pleaded guilty to a reduced charge of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3½ to 7 years. Defendant now argues that the sentence was harsh and excessive, especially given her drug and alcohol addiction and her expression of remorse. In light of defendant's criminal history and the fact that the sentence was in accordance with the plea agreement, we find no reason to disturb the sentence imposed (see, People v. Oliver, 251 A.D.2d 749;People v. Williams, 238 A.D.2d 633, lv denied 90 N.Y.2d 866).

ORDERED that the judgment is affirmed.

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PEOPLE v. KELLY
(Jan 25, 2001)