People v. Carpiochuqui

157 N.Y.S.3d 754, 201 A.D.3d 945, 2022 NY Slip Op 00430
Appellate Division of the Supreme Court of the State of New York·Decided January 26, 2022·No. Ind. No. 144/19·Published·Cited by 2 cases

Opinion

People v Carpiochuqui (2022 NY Slip Op 00430)
People v Carpiochuqui
2022 NY Slip Op 00430
Decided on January 26, 2022
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on January 26, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
SYLVIA O. HINDS-RADIX
LARA J. GENOVESI, JJ.

2020-02733
(Ind. No. 144/19)

[*1]The People of the State of New York, respondent,

v

Inti Carpiochuqui, appellant.


James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Larry J. Schwartz, J., at plea; Kevin F. Russo, J., at sentencing), rendered September 18, 2019, convicting him of criminal contempt in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant has served his sentence, the question of whether the sentence imposed should be reduced is not academic, because the sentence imposed has potential immigration consequences (see 8 USCA § 1101[f][7]; People v Saveljevs, 180 AD3d 943, 943; People v Juarez, 174 AD3d 822, 822). Considering all the relevant circumstances of this case, we conclude that the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DUFFY, J.P., CONNOLLY, HINDS-RADIX and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court



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People v. Carpiochuqui, 157 N.Y.S.3d 754, 201 A.D.3d 945, 2022 NY Slip Op 00430 (N.Y. Ct. App. 2022).

157 N.Y.S.3d 754 (People v. Carpiochuqui) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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