People v. Jacobson

¶1Judgment unanimously affirmed. Memorandum: In sentencing defendant it was error for the court to consider the fact that he refused to plead guilty and insisted upon his right to jury trial. Nevertheless, upon the facts of this case we find that the sentence was not excessive. (Appeal from judgment of Erie County Court convicting defendant of robbery, first degree.) Present—Goldman, P. J., Del Vecchio, Witmer and Cardamone, JJ.