People v. Appollonia

Appellate Division of the Supreme Court of New York

People v. Appollonia

247 A.D.2d 770, 668 N.Y.S.2d 515, 1998 N.Y. App. Div. LEXIS 1893

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1998·Published·Cited by 8 cases

Opinion

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 31, 1995, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

[771]*771Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of rape in the first degree, the victim being a girl whom he had repeatedly raped and sodomized from the time she was 11 until she was 17 years old. Defendant contends on this appeal that his prison sentence of 3 to 9 years is harsh and excessive. We disagree. Under the terms of the plea bargain agreement, 18 additional criminal charges against defendant were dropped. This, together with the highly repugnant nature of defendant’s crime and the lack of any evidence of extraordinary circumstances meriting a reduction, lead us to conclude that the sentence imposed by County Court should not be disturbed, particularly as it is in accord with the plea bargain and is much less than the harshest sentence he could have received (see, People v Lewis, 228 AD2d 730; People v Randazzo, 223 AD2d 897, 898).

Cardona, P. J., Mikoll, White, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 31, 1995, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

[771]*771Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of rape in the first degree, the victim being a girl whom he had repeatedly raped and sodomized from the time she was 11 until she was 17 years old. Defendant contends on this appeal that his prison sentence of 3 to 9 years is harsh and excessive. We disagree. Under the terms of the plea bargain agreement, 18 additional criminal charges against defendant were dropped. This, together with the highly repugnant nature of defendant’s crime and the lack of any evidence of extraordinary circumstances meriting a reduction, lead us to conclude that the sentence imposed by County Court should not be disturbed, particularly as it is in accord with the plea bargain and is much less than the harshest sentence he could have received (see, People v Lewis, 228 AD2d 730; People v Randazzo, 223 AD2d 897, 898).

Cardona, P. J., Mikoll, White, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.

People v. Appollonia, 247 A.D.2d 770, 668 N.Y.S.2d 515, 1998 N.Y. App. Div. LEXIS 1893 (N.Y. Ct. App. 1998).

Pincite

247 A.D.2d 770 (People v. Appollonia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related