People v. Coleman

Appellate Division of the Supreme Court of New York

People v. Coleman

257 A.D.2d 919, 684 N.Y.S.2d 674, 1999 N.Y. App. Div. LEXIS 754

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

DecidedJanuary 28, 1999

StatusPublished

Cited by1 cases

This text of 257 A.D.2d 919 (People v. Coleman) 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. Coleman, 257 A.D.2d 919, 684 N.Y.S.2d 674, 1999 N.Y. App. Div. LEXIS 754 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered June 28, 1996, upon a verdict convicting defendant of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree.

Convicted after a jury trial of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree, defendant was sentenced to concurrent prison terms of 12V2 to 25 years, 7V2 to 15 years and 3V2 to 7 years, respectively. Defendant contends on appeal that imposing the most severe sentences permitted by statute is harsh and excessive. We disagree. Given the violent nature of the crimes perpetrated upon the victim in her own home and the absence of mitigating factors, we find no extraordinary circumstances warranting a reduction of the sentences imposed (see, e.g., People v Morgan, 253 AD2d 946, lv denied 92 NY2d 950; People v Mitchell, 248 AD2d 763, lv denied 91 NY2d 1010), notwithstanding the fact that defendant was offered a lesser sentence in a proposed pretrial plea agreement.

Cardona, P. J., Crew III, Yesawich Jr., Carpinello 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 June 28, 1996, upon a verdict convicting defendant of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree.

Convicted after a jury trial of the crimes of burglary in the first degree, attempted rape in the first degree and sexual abuse in the first degree, defendant was sentenced to concurrent prison terms of 12V2 to 25 years, 7V2 to 15 years and 3V2 to 7 years, respectively. Defendant contends on appeal that imposing the most severe sentences permitted by statute is harsh and excessive. We disagree. Given the violent nature of the crimes perpetrated upon the victim in her own home and the absence of mitigating factors, we find no extraordinary circumstances warranting a reduction of the sentences imposed (see, e.g., People v Morgan, 253 AD2d 946, lv denied 92 NY2d 950; People v Mitchell, 248 AD2d 763, lv denied 91 NY2d 1010), notwithstanding the fact that defendant was offered a lesser sentence in a proposed pretrial plea agreement.

Cardona, P. J., Crew III, Yesawich Jr., Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

257 A.D.2d 919, 684 N.Y.S.2d 674, 1999 N.Y. App. Div. LEXIS 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coleman-nyappdiv-1999.

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