People v. Cummings

Appellate Division of the Supreme Court of New York

People v. Cummings

172 A.D.2d 886, 568 N.Y.S.2d 185, 1991 N.Y. App. Div. LEXIS 4214

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

DecidedApril 4, 1991

StatusPublished

This text of 172 A.D.2d 886 (People v. Cummings) 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. Cummings, 172 A.D.2d 886, 568 N.Y.S.2d 185, 1991 N.Y. App. Div. LEXIS 4214 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 23, 1989, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

We find no merit to defendant’s contention that his sentence is harsh and excessive and should be reduced in the interest of justice. First, upon pleading guilty to assault in the second degree, defendant was informed that he could receive a prison sentence with a maximum term of seven years (see, Penal Law § 70.00 [2] [d]; § 70.02 [b]). Instead he received a prison term of 3 to 6 years. In addition, the crime for which defendant stands convicted stemmed from an incident in which he pushed his girlfriend off of a porch railing, causing her to break her spinal column and to injure her spinal cord. Under these circumstances and given defendant’s extensive criminal record, which includes another assault conviction, we find no reason to reduce the sentence imposed by County Court (see, People v Dean, 155 AD2d 774, 775, lv denied 75 NY2d 812; People v Gholston, 137 AD2d 765, lv denied 71 NY2d 896).

Judgment affirmed. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 23, 1989, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

We find no merit to defendant’s contention that his sentence is harsh and excessive and should be reduced in the interest of justice. First, upon pleading guilty to assault in the second degree, defendant was informed that he could receive a prison sentence with a maximum term of seven years (see, Penal Law § 70.00 [2] [d]; § 70.02 [b]). Instead he received a prison term of 3 to 6 years. In addition, the crime for which defendant stands convicted stemmed from an incident in which he pushed his girlfriend off of a porch railing, causing her to break her spinal column and to injure her spinal cord. Under these circumstances and given defendant’s extensive criminal record, which includes another assault conviction, we find no reason to reduce the sentence imposed by County Court (see, People v Dean, 155 AD2d 774, 775, lv denied 75 NY2d 812; People v Gholston, 137 AD2d 765, lv denied 71 NY2d 896).

Judgment affirmed. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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Bluebook (online)

172 A.D.2d 886, 568 N.Y.S.2d 185, 1991 N.Y. App. Div. LEXIS 4214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cummings-nyappdiv-1991.

Opinion

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