People v. Brailsford

Appellate Division of the Supreme Court of New York

People v. Brailsford

84 A.D.2d 581, 443 N.Y.S.2d 423, 1981 N.Y. App. Div. LEXIS 15679

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

DecidedOctober 26, 1981

StatusPublished

This text of 84 A.D.2d 581 (People v. Brailsford) 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. Brailsford, 84 A.D.2d 581, 443 N.Y.S.2d 423, 1981 N.Y. App. Div. LEXIS 15679 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal by defendánt, as limited by his motion, from a sentence of the County Court, Nassau County (Thorp, J.), imposed January 5, 1981, upon his conviction of attempted burglary in the third degree, upon his plea of guilty, the sentence being an indeterminate period of imprisonment of two to four years. Sentence affirmed. We are asked to reduce the defendant’s sentence because his current problems (including heroin addiction) “stem from a difficult childhood in which he was raised under substandard emotional and economic circumstances and was not afforded the physical amenities or emo[582]*582tional stability necessary for personal growth”. Sad though his childhood may have been, this court cannot permit this 31-year-old defendant to compensate for the substandard economic circumstances or physical amenities of his childhood by burglarizing from others. Gibbons, J. P., Thompson and Bracken, JJ., concur; Rabin, J., concurs in the result.

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Appeal by defendánt, as limited by his motion, from a sentence of the County Court, Nassau County (Thorp, J.), imposed January 5, 1981, upon his conviction of attempted burglary in the third degree, upon his plea of guilty, the sentence being an indeterminate period of imprisonment of two to four years. Sentence affirmed. We are asked to reduce the defendant’s sentence because his current problems (including heroin addiction) “stem from a difficult childhood in which he was raised under substandard emotional and economic circumstances and was not afforded the physical amenities or emo[582]*582tional stability necessary for personal growth”. Sad though his childhood may have been, this court cannot permit this 31-year-old defendant to compensate for the substandard economic circumstances or physical amenities of his childhood by burglarizing from others. Gibbons, J. P., Thompson and Bracken, JJ., concur; Rabin, J., concurs in the result.

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Bluebook (online)

84 A.D.2d 581, 443 N.Y.S.2d 423, 1981 N.Y. App. Div. LEXIS 15679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brailsford-nyappdiv-1981.