People v. Galpin

Appellate Division of the Supreme Court of New York

People v. Galpin

179 A.D.2d 945, 579 N.Y.S.2d 760, 1992 N.Y. App. Div. LEXIS 890

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

DecidedJanuary 30, 1992

StatusPublished

This text of 179 A.D.2d 945 (People v. Galpin) 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. Galpin, 179 A.D.2d 945, 579 N.Y.S.2d 760, 1992 N.Y. App. Div. LEXIS 890 (N.Y. Ct. App. 1992).

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Opinion

— Casey, J.

On September 14, 1990, defendant was charged in a superior court information with three counts of sexual abuse in the first degree, four counts of sexual abuse in the second degree, one count of sodomy in the third degree and six counts of endangering the welfare of a child. Following plea negotiations defendant entered a plea of guilty to two counts of sexual abuse in the first degree in full satisfaction of the charges. In keeping with the plea agreement defendant was sentenced to two concurrent terms of imprisonment of 2 Vi to 7 years.

On this appeal, defendant alleges that he received ineffective assistance of counsel because his counsel had been a victim of past sexual molestation. This contention was not part of the record below and, therefore, may not be considered on this appeal (see, People v Pardoe, 147 AD2d 820). As to defendant’s additional claim that his sentence was excessive, we find no merit. In the circumstances, considering the type and number of the crimes involved, defendant’s sentence can hardly be characterized excessive. The judgment of conviction should be affirmed.

Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.

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— Casey, J.

On September 14, 1990, defendant was charged in a superior court information with three counts of sexual abuse in the first degree, four counts of sexual abuse in the second degree, one count of sodomy in the third degree and six counts of endangering the welfare of a child. Following plea negotiations defendant entered a plea of guilty to two counts of sexual abuse in the first degree in full satisfaction of the charges. In keeping with the plea agreement defendant was sentenced to two concurrent terms of imprisonment of 2 Vi to 7 years.

On this appeal, defendant alleges that he received ineffective assistance of counsel because his counsel had been a victim of past sexual molestation. This contention was not part of the record below and, therefore, may not be considered on this appeal (see, People v Pardoe, 147 AD2d 820). As to defendant’s additional claim that his sentence was excessive, we find no merit. In the circumstances, considering the type and number of the crimes involved, defendant’s sentence can hardly be characterized excessive. The judgment of conviction should be affirmed.

Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

179 A.D.2d 945, 579 N.Y.S.2d 760, 1992 N.Y. App. Div. LEXIS 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galpin-nyappdiv-1992.

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