People v. Bowers

Appellate Division of the Supreme Court of New York

People v. Bowers

253 A.D.2d 909, 678 N.Y.S.2d 308, 1998 N.Y. App. Div. LEXIS 9362

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

DecidedSeptember 10, 1998

StatusPublished

This text of 253 A.D.2d 909 (People v. Bowers) 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. Bowers, 253 A.D.2d 909, 678 N.Y.S.2d 308, 1998 N.Y. App. Div. LEXIS 9362 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered August 9, 1996, convicting defendant upon his plea of guilty of the crime of rape in the second degree.

Defendant pleaded guilty to the crime of rape in the second degree and was sentenced as a second felony offender to a prison term of 3 to 6 years, which was in accordance with the People’s promised sentencing recommendation. We reject defendant’s contention that the sentence is harsh and excessive. Defendant admitted that he had sexual intercourse with [910]*910a female who was less than 14 years of age. In view of the heinous nature of the crime and defendant’s extensive criminal history, including a conviction for sexual abuse, we find no reason to disturb the sentence imposed (see, People v Jones, 210 AD2d 709).

Cardona, P. J., Mercure, Peters, Spain and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered August 9, 1996, convicting defendant upon his plea of guilty of the crime of rape in the second degree.

Defendant pleaded guilty to the crime of rape in the second degree and was sentenced as a second felony offender to a prison term of 3 to 6 years, which was in accordance with the People’s promised sentencing recommendation. We reject defendant’s contention that the sentence is harsh and excessive. Defendant admitted that he had sexual intercourse with [910]*910a female who was less than 14 years of age. In view of the heinous nature of the crime and defendant’s extensive criminal history, including a conviction for sexual abuse, we find no reason to disturb the sentence imposed (see, People v Jones, 210 AD2d 709).

Cardona, P. J., Mercure, Peters, Spain and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

253 A.D.2d 909, 678 N.Y.S.2d 308, 1998 N.Y. App. Div. LEXIS 9362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowers-nyappdiv-1998.

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