People v. Leibach

Appellate Division of the Supreme Court of New York

People v. Leibach

249 A.D.2d 636, 670 N.Y.S.2d 988, 1998 N.Y. App. Div. LEXIS 3893

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

DecidedApril 9, 1998

StatusPublished

Cited by8 cases

This text of 249 A.D.2d 636 (People v. Leibach) 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. Leibach, 249 A.D.2d 636, 670 N.Y.S.2d 988, 1998 N.Y. App. Div. LEXIS 3893 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the County Court of Rennselaer County (Lamont, J.), rendered September 25, 1996, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Defendant pleaded guilty to the crime of rape in the first degree in full satisfaction of a 10-count indictment against him with the understanding that he would be sentenced to a prison term of 5 to 15 years. Inasmuch as the record reflects that defendant knowingly and voluntarily waived his right to appeal as part of his guilty plea, his contention that this sentence is harsh and excessive has not been preserved for our review (see, People v Schwendinger, 240 AD2d 822, lv denied 90 NY2d 910). Nevertheless, were we to consider this assertion, we would find it to be without merit. Defendant received the sentence he bargained for as part of a very favorable plea agreement pursuant to which nine additional counts of the indictment were dropped. In view of this, together with the heinous nature of the crime, committed by defendant against a 10-year-old girl, and the lack of extraordinary circumstances warranting our intervention, we find that the sentence was neither harsh nor excessive; accordingly, it will not be disturbed (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

[637]*637Cardona, P. J., Her cure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Rennselaer County (Lamont, J.), rendered September 25, 1996, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Defendant pleaded guilty to the crime of rape in the first degree in full satisfaction of a 10-count indictment against him with the understanding that he would be sentenced to a prison term of 5 to 15 years. Inasmuch as the record reflects that defendant knowingly and voluntarily waived his right to appeal as part of his guilty plea, his contention that this sentence is harsh and excessive has not been preserved for our review (see, People v Schwendinger, 240 AD2d 822, lv denied 90 NY2d 910). Nevertheless, were we to consider this assertion, we would find it to be without merit. Defendant received the sentence he bargained for as part of a very favorable plea agreement pursuant to which nine additional counts of the indictment were dropped. In view of this, together with the heinous nature of the crime, committed by defendant against a 10-year-old girl, and the lack of extraordinary circumstances warranting our intervention, we find that the sentence was neither harsh nor excessive; accordingly, it will not be disturbed (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

[637]*637Cardona, P. J., Her cure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

249 A.D.2d 636, 670 N.Y.S.2d 988, 1998 N.Y. App. Div. LEXIS 3893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leibach-nyappdiv-1998.

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