People v. Lee

Appellate Division of the Supreme Court of New York

People v. Lee

37 A.D.2d 637, 322 N.Y.S.2d 378, 1971 N.Y. App. Div. LEXIS 3739

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

DecidedJune 24, 1971

StatusPublished

This text of 37 A.D.2d 637 (People v. Lee) 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. Lee, 37 A.D.2d 637, 322 N.Y.S.2d 378, 1971 N.Y. App. Div. LEXIS 3739 (N.Y. Ct. App. 1971).

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Opinion

Appeal by the defendant from a judgment of conviction rendered April 20, 1970 by the County Court of Schenectady County upon his plea of guilty to the crime of rape in the first degree. It appears that the defendant’s plea of guilty was freely and voluntarily entered and he raises no issues in regard thereto upon this appeal. The defendant concedes that under the present Penal Law the court was not required to consider or have before it psychiatric reports for the purpose of sentencing and accordingly his contentions in regard thereto are without merit. The trial court could have imposed a sentence with a maximum of 25 years but instead imposed a maximum of 15 years and in view of the fact that the crime was one of forcible rape, it cannot be found that the sentence was excessive. Judgment affirmed. Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.

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Appeal by the defendant from a judgment of conviction rendered April 20, 1970 by the County Court of Schenectady County upon his plea of guilty to the crime of rape in the first degree. It appears that the defendant’s plea of guilty was freely and voluntarily entered and he raises no issues in regard thereto upon this appeal. The defendant concedes that under the present Penal Law the court was not required to consider or have before it psychiatric reports for the purpose of sentencing and accordingly his contentions in regard thereto are without merit. The trial court could have imposed a sentence with a maximum of 25 years but instead imposed a maximum of 15 years and in view of the fact that the crime was one of forcible rape, it cannot be found that the sentence was excessive. Judgment affirmed. Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.

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Bluebook (online)

37 A.D.2d 637, 322 N.Y.S.2d 378, 1971 N.Y. App. Div. LEXIS 3739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-nyappdiv-1971.