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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK R. ASHLEY, Appellant.

MEMORANDUM AND ORDER

Following the withdrawal of his initial plea, defendant pleaded guilty to two counts of robbery in the second degree and was sentenced in accordance with the negotiated plea agreement to concurrent terms of imprisonment of five years.

We would reject defendant's contention that the agreed-upon sentence should be reduced in the interest of justice. Notwithstanding defendant's laudable military service and his challenge to the information contained in the presentence investigation report, we find no extraordinary circumstances nor abuse of discretion warranting a reduction of the sentence imposed (see, People v. Jenkins, 256 A.D.2d 735, 737, lv denied 93 N.Y.2d 854; People v. Moneyhan, 248 A.D.2d 735, 737, lv denied 91 N.Y.2d 1010).

ORDERED that the judgment is affirmed.

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PEOPLE v. ASHLEY
(Dec 14, 2000)