People v. Carpenter

Appellate Division of the Supreme Court of New York

People v. Carpenter

301 A.D.2d 676, 753 N.Y.S.2d 215, 2003 N.Y. App. Div. LEXIS 30

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

DecidedJanuary 2, 2003

StatusPublished

Cited by2 cases

This text of 301 A.D.2d 676 (People v. Carpenter) 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. Carpenter, 301 A.D.2d 676, 753 N.Y.S.2d 215, 2003 N.Y. App. Div. LEXIS 30 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the County Court of Albany County (Marinelli, J.), rendered May 3, 1999, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to the crime of sodomy in the first degree and was sentenced to a prison term of 5V2 to 11 years. Defendant appeals, contending that the sentence imposed was harsh or excessive.

Because defendant waived all his appellate rights as part of the plea agreement, he has failed to preserve the issue for our review (see People v Ferguson, 274 AD2d 763, lv denied 95 NY2d 889). Nevertheless, were we to reach this issue, we would find it unpersuasive. The record discloses that defendant exploited a position of trust and victimized a young child for his own sexual gratification. Under the circumstances herein, we would find no extraordinary circumstances warranting a reduction of the sentence imposed (see People v Gero, 286 AD2d 789, lv denied 97 NY2d 641).

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Albany County (Marinelli, J.), rendered May 3, 1999, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to the crime of sodomy in the first degree and was sentenced to a prison term of 5V2 to 11 years. Defendant appeals, contending that the sentence imposed was harsh or excessive.

Because defendant waived all his appellate rights as part of the plea agreement, he has failed to preserve the issue for our review (see People v Ferguson, 274 AD2d 763, lv denied 95 NY2d 889). Nevertheless, were we to reach this issue, we would find it unpersuasive. The record discloses that defendant exploited a position of trust and victimized a young child for his own sexual gratification. Under the circumstances herein, we would find no extraordinary circumstances warranting a reduction of the sentence imposed (see People v Gero, 286 AD2d 789, lv denied 97 NY2d 641).

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

301 A.D.2d 676, 753 N.Y.S.2d 215, 2003 N.Y. App. Div. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carpenter-nyappdiv-2003.

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