People v. Gernstl

214 A.D.2d 1049, 627 N.Y.S.2d 603, 1995 N.Y. App. Div. LEXIS 6896

Opinion

Judgment unanimously affirmed. Memorandum: We are unpersuaded that the sentence is unduly harsh or severe. Upon considering, "among other things, the crime charged, the particular cir cumstances of the individual before the court and the purpose of a penal sanction,” we perceive no abuse of discretion warranting a reduction of the sentence (People v Farrar, 52 NY2d 302, 305).

We have previously indicated that it is inappropriate for the District Attorney to fail to file a brief in opposition to defendant’s arguments and in support of the judgment of conviction unless the appeal is from a judgment that the District Attorney concedes should be reversed (see, People v Collier, 204 AD2d 1064, lv denied 84 NY2d 824; People v Dutcher, 192 AD2d 1093, lv denied 81 NY2d 1072). (Appeal from Judgment of Wyoming County Court, Dadd, J.—Assault, 2nd Degree.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.