People v. Atanat

Appellate Division of the Supreme Court of New York

People v. Atanat

183 A.D.2d 948, 585 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 6618

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 1992

StatusPublished

This text of 183 A.D.2d 948 (People v. Atanat) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Atanat, 183 A.D.2d 948, 585 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 6618 (N.Y. Ct. App. 1992).

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Opinion

— Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 15, 1990, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Upon pleading guilty to assault in the first degree, defendant was sentenced to a term of imprisonment of 3 to 9 years. While this sentence was not the most lenient authorized by statute, it was also not the harshest, for defendant could have received a sentence of 5 to 15 years’ imprisonment (see, Penal Law § 70.02 [1] [b]; [2] [a]; [3], [4]). In addition, defendant pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. Under the circumstances and given defendant’s criminal history, we cannot say that County Court abused its discretion in imposing sentence (see, People v Dean, 155 AD2d 774, lv denied 75 NY2d 812; People v Gray, 131 AD2d 590; People v Kazepis, 101 AD2d 816).

Weiss, P. J., Mikoll, Levine, Mercure and Casey, JJ., concur. Ordered that the judgment is affirmed.

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— Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 15, 1990, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Upon pleading guilty to assault in the first degree, defendant was sentenced to a term of imprisonment of 3 to 9 years. While this sentence was not the most lenient authorized by statute, it was also not the harshest, for defendant could have received a sentence of 5 to 15 years’ imprisonment (see, Penal Law § 70.02 [1] [b]; [2] [a]; [3], [4]). In addition, defendant pleaded guilty knowing that he would receive the sentence ultimately imposed by County Court. Under the circumstances and given defendant’s criminal history, we cannot say that County Court abused its discretion in imposing sentence (see, People v Dean, 155 AD2d 774, lv denied 75 NY2d 812; People v Gray, 131 AD2d 590; People v Kazepis, 101 AD2d 816).

Weiss, P. J., Mikoll, Levine, Mercure and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

183 A.D.2d 948, 585 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 6618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-atanat-nyappdiv-1992.

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