People v. Holley

Appellate Division of the Supreme Court of New York

People v. Holley

162 A.D.2d 469, 556 N.Y.S.2d 400, 1990 N.Y. App. Div. LEXIS 7052

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

DecidedJune 4, 1990

StatusPublished

Cited by4 cases

This text of 162 A.D.2d 469 (People v. Holley) 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. Holley, 162 A.D.2d 469, 556 N.Y.S.2d 400, 1990 N.Y. App. Div. LEXIS 7052 (N.Y. Ct. App. 1990).

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Opinion

Appeal by the defendant from two sentences of the Supreme Court, Kings County (Starkey, J.), both rendered August 9, 1988, the sentences being two concurrent indeterminate terms of 5 to 10 years’ imprisonment and a surcharge of $100 with respect to each indictment, upon his convictions of two counts of criminal sale of a controlled substance in the third degree (one count as to each indictment), after pleas of guilty.

Ordered that the sentences are affirmed.

The mere fact that defendant suffers from acquired immune deficiency syndrome and certain other medical conditions, is [470]*470not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v Napolitano, 138 AD2d 414; People v Parker, 132 AD2d 629; People v Suitte, 90 AD2d 80; People v Kazepis, 101 AD2d 816). Any application by the defendant to ameliorate the conditions under which he is incarcerated should be made to the New York State Department of Correctional Services. Mangano, P. J., Kunzeman, Eiber and Balletta, JJ., concur.

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Appeal by the defendant from two sentences of the Supreme Court, Kings County (Starkey, J.), both rendered August 9, 1988, the sentences being two concurrent indeterminate terms of 5 to 10 years’ imprisonment and a surcharge of $100 with respect to each indictment, upon his convictions of two counts of criminal sale of a controlled substance in the third degree (one count as to each indictment), after pleas of guilty.

Ordered that the sentences are affirmed.

The mere fact that defendant suffers from acquired immune deficiency syndrome and certain other medical conditions, is [470]*470not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v Napolitano, 138 AD2d 414; People v Parker, 132 AD2d 629; People v Suitte, 90 AD2d 80; People v Kazepis, 101 AD2d 816). Any application by the defendant to ameliorate the conditions under which he is incarcerated should be made to the New York State Department of Correctional Services. Mangano, P. J., Kunzeman, Eiber and Balletta, JJ., concur.

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Bluebook (online)

162 A.D.2d 469, 556 N.Y.S.2d 400, 1990 N.Y. App. Div. LEXIS 7052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holley-nyappdiv-1990.

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