People v. Drake

Appellate Division of the Supreme Court of New York

People v. Drake

148 A.D.2d 464, 538 N.Y.S.2d 1009, 1989 N.Y. App. Div. LEXIS 2453

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

DecidedMarch 6, 1989

StatusPublished

This text of 148 A.D.2d 464 (People v. Drake) 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. Drake, 148 A.D.2d 464, 538 N.Y.S.2d 1009, 1989 N.Y. App. Div. LEXIS 2453 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Westchester County (Rosato, J.), imposed October 7, 1987.

Ordered that the sentence is affirmed.

The defendant, who was adjudicated a second felony offender, received the terms of incarceration which he was promised. The terms are the minimum legal terms (see, Penal Law § 70.06 [3] [b]; [4] [b]; § 70.15 [1] [a], [b]). Under the circumstances, including the defendant’s lengthy criminal record, a lesser sentence is neither warranted in the interest of justice nor mandated by constitutional considerations (see, People v Broadie, 37 NY2d 100, cert denied 423 US 950; People v Kazepis, 101 AD2d 816; People v Suitte, 90 AD2d 80). Thompson, J. P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.

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Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Westchester County (Rosato, J.), imposed October 7, 1987.

Ordered that the sentence is affirmed.

The defendant, who was adjudicated a second felony offender, received the terms of incarceration which he was promised. The terms are the minimum legal terms (see, Penal Law § 70.06 [3] [b]; [4] [b]; § 70.15 [1] [a], [b]). Under the circumstances, including the defendant’s lengthy criminal record, a lesser sentence is neither warranted in the interest of justice nor mandated by constitutional considerations (see, People v Broadie, 37 NY2d 100, cert denied 423 US 950; People v Kazepis, 101 AD2d 816; People v Suitte, 90 AD2d 80). Thompson, J. P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.

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Bluebook (online)

148 A.D.2d 464, 538 N.Y.S.2d 1009, 1989 N.Y. App. Div. LEXIS 2453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-drake-nyappdiv-1989.

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