People v. Cruz

Appellate Division of the Supreme Court of New York

People v. Cruz

136 A.D.2d 559, 523 N.Y.S.2d 771, 1988 N.Y. App. Div. LEXIS 328

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

DecidedJanuary 11, 1988

StatusPublished

Cited by1 cases

This text of 136 A.D.2d 559 (People v. Cruz) 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. Cruz, 136 A.D.2d 559, 523 N.Y.S.2d 771, 1988 N.Y. App. Div. LEXIS 328 (N.Y. Ct. App. 1988).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered April 23, 1987, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the imposed sentence of 6 to 12 years’ imprisonment was neither harsh nor excessive. In the first instance, the imposed sentence was that for which the defendant bargained in exchange for his guilty plea (see, People v Kazepis, 101 AD2d 816). Moreover, in view of the fact the defendant is a second felony offender with an extensive criminal background coupled with the violent nature of this crime, the imposed sentence was appropriate. Mollen, P. J., Bracken, Rubin and Spatt, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered April 23, 1987, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the imposed sentence of 6 to 12 years’ imprisonment was neither harsh nor excessive. In the first instance, the imposed sentence was that for which the defendant bargained in exchange for his guilty plea (see, People v Kazepis, 101 AD2d 816). Moreover, in view of the fact the defendant is a second felony offender with an extensive criminal background coupled with the violent nature of this crime, the imposed sentence was appropriate. Mollen, P. J., Bracken, Rubin and Spatt, JJ., concur.

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Bluebook (online)

136 A.D.2d 559, 523 N.Y.S.2d 771, 1988 N.Y. App. Div. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-nyappdiv-1988.

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