People v. Dombrowski

Appellate Division of the Supreme Court of New York

People v. Dombrowski

23 A.D.3d 1136, 803 N.Y.S.2d 482

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

DecidedNovember 10, 2005

StatusPublished

This text of 23 A.D.3d 1136 (People v. Dombrowski) 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. Dombrowski, 23 A.D.3d 1136, 803 N.Y.S.2d 482 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court, Erie County [1137]*1137(Ronald H. Tills, A.J.), rendered February 20, 2004. The judgment revoked defendant’s probation and imposed a sentence of incarceration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment, entered upon his admission to a violation of probation, revoking the term of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]) and sentencing him to an indeterminate term of incarceration. We reject the contention of defendant that he was denied due process as the result of the failure of Supreme Court to adhere to its alleged off-the-record statement that it was “inclined” to impose a lesser sentence (see generally People v Roberts, 293 AD2d 916, 917-918 [2002]). The record of the proceeding with respect to the violation of probation reflects only that the court stated its intention to sentence defendant following the completion of an updated presentence investigation, and no commitment to a specific term of incarceration was made at that time (see id.). We conclude that the sentence imposed is not unduly harsh or severe. Present—Green, J.P., Scudder, Kehoe, Martoche and Hayes, JJ.

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Appeal from a judgment of the Supreme Court, Erie County [1137]*1137(Ronald H. Tills, A.J.), rendered February 20, 2004. The judgment revoked defendant’s probation and imposed a sentence of incarceration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment, entered upon his admission to a violation of probation, revoking the term of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]) and sentencing him to an indeterminate term of incarceration. We reject the contention of defendant that he was denied due process as the result of the failure of Supreme Court to adhere to its alleged off-the-record statement that it was “inclined” to impose a lesser sentence (see generally People v Roberts, 293 AD2d 916, 917-918 [2002]). The record of the proceeding with respect to the violation of probation reflects only that the court stated its intention to sentence defendant following the completion of an updated presentence investigation, and no commitment to a specific term of incarceration was made at that time (see id.). We conclude that the sentence imposed is not unduly harsh or severe. Present—Green, J.P., Scudder, Kehoe, Martoche and Hayes, JJ.

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Bluebook (online)

23 A.D.3d 1136, 803 N.Y.S.2d 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dombrowski-nyappdiv-2005.

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