People v. Dancause

Appellate Division of the Supreme Court of New York

People v. Dancause

174 A.D.2d 860, 571 N.Y.S.2d 151, 1991 N.Y. App. Div. LEXIS 8372

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

DecidedJune 13, 1991

StatusPublished

This text of 174 A.D.2d 860 (People v. Dancause) 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. Dancause, 174 A.D.2d 860, 571 N.Y.S.2d 151, 1991 N.Y. App. Div. LEXIS 8372 (N.Y. Ct. App. 1991).

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Opinion

—Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered September 6, 1990, convicting defendant upon his plea of guilty of the crimes of conspiracy in the fifth degree and insurance fraud in the fifth degree.

The sentence imposed, while the harshest defendant could have received, was in accord with the plea bargain agreement and within the statutory guidelines (Penal Law § 70.15 [1]). Defendant was specifically told that no promises were being made as to sentencing and that he could receive consecutive prison terms. Therefore, there was no abuse of discretion by County Court in sentencing defendant to consecutive prison terms of one year each (see, People v Bailey, 156 AD2d 846, lv denied 75 NY2d 810; People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Mahoney, P. J., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered September 6, 1990, convicting defendant upon his plea of guilty of the crimes of conspiracy in the fifth degree and insurance fraud in the fifth degree.

The sentence imposed, while the harshest defendant could have received, was in accord with the plea bargain agreement and within the statutory guidelines (Penal Law § 70.15 [1]). Defendant was specifically told that no promises were being made as to sentencing and that he could receive consecutive prison terms. Therefore, there was no abuse of discretion by County Court in sentencing defendant to consecutive prison terms of one year each (see, People v Bailey, 156 AD2d 846, lv denied 75 NY2d 810; People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Mahoney, P. J., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

174 A.D.2d 860, 571 N.Y.S.2d 151, 1991 N.Y. App. Div. LEXIS 8372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dancause-nyappdiv-1991.

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