People v. Crandall

Appellate Division of the Supreme Court of New York

People v. Crandall

203 A.D.2d 877, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4468

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

DecidedApril 28, 1994

StatusPublished

This text of 203 A.D.2d 877 (People v. Crandall) 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. Crandall, 203 A.D.2d 877, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4468 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered May 28, 1993, convicting defendant upon his plea of guilty of two counts of the crime of sodomy in the second degree.

Defendant was sentenced upon his guilty plea of two counts of sodomy in the second degree to concurrent terms of imprisonment of 1 to 6 years. On this appeal, defendant contends that County Court improperly relied upon statements by the victims contained in the presentence report in determining sentence and that, given his medical history, the sentence constitutes cruel and unusual punishment. We find no error in County Court’s consideration of the victim impact statements, which were included in the presentence report pursuant to CPL 390.30 (3) (b). Defendant failed to request a presentence conference to contest the facts stated therein. Nor do we find any basis to conclude that the sentence imposed is cruel and unusual.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered May 28, 1993, convicting defendant upon his plea of guilty of two counts of the crime of sodomy in the second degree.

Defendant was sentenced upon his guilty plea of two counts of sodomy in the second degree to concurrent terms of imprisonment of 1 to 6 years. On this appeal, defendant contends that County Court improperly relied upon statements by the victims contained in the presentence report in determining sentence and that, given his medical history, the sentence constitutes cruel and unusual punishment. We find no error in County Court’s consideration of the victim impact statements, which were included in the presentence report pursuant to CPL 390.30 (3) (b). Defendant failed to request a presentence conference to contest the facts stated therein. Nor do we find any basis to conclude that the sentence imposed is cruel and unusual.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

203 A.D.2d 877, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crandall-nyappdiv-1994.