People v. Kitchings

Appellate Division of the Supreme Court of New York

People v. Kitchings

239 A.D.2d 665, 657 N.Y.S.2d 126, 1997 N.Y. App. Div. LEXIS 4943

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

DecidedMay 8, 1997

StatusPublished

Cited by5 cases

This text of 239 A.D.2d 665 (People v. Kitchings) 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. Kitchings, 239 A.D.2d 665, 657 N.Y.S.2d 126, 1997 N.Y. App. Div. LEXIS 4943 (N.Y. Ct. App. 1997).

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Opinion

Carpinello, J.

Following a jury trial, defendant was convicted of the crimes of criminal sale and criminal possession of a controlled substance in the third degree and was sentenced to concurrent prison terms of 5 to 15 years. Defendant contends on this ap[666]*666peal that his sentences were harsh and excessive in light of his brief criminal record (one prior conviction in 1976 of criminal possession of a controlled substance in the seventh degree) and his steady employment history (23 years with the same company). Defendant’s contentions are unpersuasive. The sentences fall within the statutory parameters and are appropriate given the nature of defendant’s crimes and the absence of a showing of extraordinary circumstances. We, accordingly, decline to disturb them (see, People v Wilson, 210 AD2d 520, 523, lv denied 85 NY2d 982; People v Powell, 209 AD2d 879, 882, lv denied 84 NY2d 1037; People v Willis, 200 AD2d 903, 904).

Cardona, P. J., Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Carpinello, J.

Following a jury trial, defendant was convicted of the crimes of criminal sale and criminal possession of a controlled substance in the third degree and was sentenced to concurrent prison terms of 5 to 15 years. Defendant contends on this ap[666]*666peal that his sentences were harsh and excessive in light of his brief criminal record (one prior conviction in 1976 of criminal possession of a controlled substance in the seventh degree) and his steady employment history (23 years with the same company). Defendant’s contentions are unpersuasive. The sentences fall within the statutory parameters and are appropriate given the nature of defendant’s crimes and the absence of a showing of extraordinary circumstances. We, accordingly, decline to disturb them (see, People v Wilson, 210 AD2d 520, 523, lv denied 85 NY2d 982; People v Powell, 209 AD2d 879, 882, lv denied 84 NY2d 1037; People v Willis, 200 AD2d 903, 904).

Cardona, P. J., Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

239 A.D.2d 665, 657 N.Y.S.2d 126, 1997 N.Y. App. Div. LEXIS 4943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kitchings-nyappdiv-1997.

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