People v. Kendrick

Appellate Division of the Supreme Court of New York

People v. Kendrick

261 A.D.2d 646, 690 N.Y.S.2d 295, 1999 N.Y. App. Div. LEXIS 4689

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

DecidedMay 6, 1999

StatusPublished

Cited by5 cases

This text of 261 A.D.2d 646 (People v. Kendrick) 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. Kendrick, 261 A.D.2d 646, 690 N.Y.S.2d 295, 1999 N.Y. App. Div. LEXIS 4689 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment of the County Court of Schenectady County (Sise, J.), rendered April 15,1997, convicting defendant upon his plea of guilty of four counts of the crime of attempted assault in the first degree.

We reject defendant’s contention that imposing consecutive prison terms of IV2 to 3 years in connection with his plea of guilty of four counts of attempted assault in the first degree was improper because the charges resulted from a single criminal act. The 15-count indictment stemmed from a high-speed chase during which defendant rammed a truck into four police vehicles. Inasmuch as the indictment and the plea allocution establish that each instance of ramming a police vehicle was a separate and distinct act and neither was a material element of the other (see, Penal Law § 70.25 (2); see also, People v Bryant, 92 NY2d 216, 230-231), we find no abuse of discretion in County Court imposing consecutive sentences. Finally, we find that the agreed-upon sentence was neither harsh nor excessive and find no extraordinary circumstances warranting a reduction of the sentence imposed in the interest of justice.

Cardona, P. J., Peters, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Schenectady County (Sise, J.), rendered April 15,1997, convicting defendant upon his plea of guilty of four counts of the crime of attempted assault in the first degree.

We reject defendant’s contention that imposing consecutive prison terms of IV2 to 3 years in connection with his plea of guilty of four counts of attempted assault in the first degree was improper because the charges resulted from a single criminal act. The 15-count indictment stemmed from a high-speed chase during which defendant rammed a truck into four police vehicles. Inasmuch as the indictment and the plea allocution establish that each instance of ramming a police vehicle was a separate and distinct act and neither was a material element of the other (see, Penal Law § 70.25 (2); see also, People v Bryant, 92 NY2d 216, 230-231), we find no abuse of discretion in County Court imposing consecutive sentences. Finally, we find that the agreed-upon sentence was neither harsh nor excessive and find no extraordinary circumstances warranting a reduction of the sentence imposed in the interest of justice.

Cardona, P. J., Peters, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

261 A.D.2d 646, 690 N.Y.S.2d 295, 1999 N.Y. App. Div. LEXIS 4689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kendrick-nyappdiv-1999.

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