People v. Edwards

Appellate Division of the Supreme Court of New York

People v. Edwards

201 A.D.2d 813, 607 N.Y.S.2d 500, 1994 N.Y. App. Div. LEXIS 1157

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

DecidedFebruary 10, 1994

StatusPublished

Cited by1 cases

This text of 201 A.D.2d 813 (People v. Edwards) 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. Edwards, 201 A.D.2d 813, 607 N.Y.S.2d 500, 1994 N.Y. App. Div. LEXIS 1157 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 22, 1993, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

We reject defendant’s contention that his sentence of 2 Vs to 7 years’ imprisonment for striking a police officer on the head with a metal pipe while the officer was in the process of arresting defendant’s brother is unduly excessive. Although defendant may have been given the harshest available sentence, it must be remembered that defendant received a substantial benefit by being allowed to plead to assault in the second degree when he was originally charged with assault in the first degree. Defendant has failed to present compelling circumstances sufficient to justify disturbing his sentence.

Cardona, P. J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 22, 1993, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

We reject defendant’s contention that his sentence of 2 Vs to 7 years’ imprisonment for striking a police officer on the head with a metal pipe while the officer was in the process of arresting defendant’s brother is unduly excessive. Although defendant may have been given the harshest available sentence, it must be remembered that defendant received a substantial benefit by being allowed to plead to assault in the second degree when he was originally charged with assault in the first degree. Defendant has failed to present compelling circumstances sufficient to justify disturbing his sentence.

Cardona, P. J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

201 A.D.2d 813, 607 N.Y.S.2d 500, 1994 N.Y. App. Div. LEXIS 1157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edwards-nyappdiv-1994.

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