People v. Goyette

Appellate Division of the Supreme Court of New York

People v. Goyette

178 A.D.2d 681, 577 N.Y.S.2d 495, 1991 N.Y. App. Div. LEXIS 15983

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

DecidedDecember 5, 1991

StatusPublished

Cited by1 cases

This text of 178 A.D.2d 681 (People v. Goyette) 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. Goyette, 178 A.D.2d 681, 577 N.Y.S.2d 495, 1991 N.Y. App. Div. LEXIS 15983 (N.Y. Ct. App. 1991).

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Opinion

— Appeal from a judgment of the Supreme Court (Harris, J.), rendered March 28, 1989 in Albany County, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

[682]*682Contrary to defendant’s contention, the prison sentence he received of 5 to 15 years was not harsh or excessive. Although it was the harshest possible sentence (Penal Law § 70.02 [3] [b]; [4]), defendant was permitted to enter his plea in full satisfaction of a six-count indictment and was specifically warned by the court that he could receive the 5- to 15-year sentence. Under these circumstances, and given the nature of the crime involved, we find no abuse of discretion by the court in imposing sentence (see, People v Williams, 97 AD2d 599).

Mahoney, P. J., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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— Appeal from a judgment of the Supreme Court (Harris, J.), rendered March 28, 1989 in Albany County, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

[682]*682Contrary to defendant’s contention, the prison sentence he received of 5 to 15 years was not harsh or excessive. Although it was the harshest possible sentence (Penal Law § 70.02 [3] [b]; [4]), defendant was permitted to enter his plea in full satisfaction of a six-count indictment and was specifically warned by the court that he could receive the 5- to 15-year sentence. Under these circumstances, and given the nature of the crime involved, we find no abuse of discretion by the court in imposing sentence (see, People v Williams, 97 AD2d 599).

Mahoney, P. J., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

178 A.D.2d 681, 577 N.Y.S.2d 495, 1991 N.Y. App. Div. LEXIS 15983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goyette-nyappdiv-1991.

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