People v. Lewellen

Appellate Division of the Supreme Court of New York

People v. Lewellen

187 A.D.2d 822, 590 N.Y.S.2d 766, 1992 N.Y. App. Div. LEXIS 12852

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

DecidedNovember 12, 1992

StatusPublished

This text of 187 A.D.2d 822 (People v. Lewellen) 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. Lewellen, 187 A.D.2d 822, 590 N.Y.S.2d 766, 1992 N.Y. App. Div. LEXIS 12852 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Schenectady County (Lomanto, J.), rendered January 13, 1992, upon a verdict convicting defendant of the crimes of criminally negligent homicide and endangering the welfare of a child (two counts).

Defendant’s only contention on this appeal is that her prison sentence of 1 to 3 years for her criminally negligent homicide conviction and one year for each conviction of endangering the welfare of a child, all to be served concurrently, was harsh and excessive. The sentence was less then the harshest permitted by statute and, in view of the circumstances of this case, we find no reason to disturb the sentence imposed by County Court (see, People v Millington, 134 AD2d 645, lv denied 70 NY2d 934). Yesawich Jr., J. P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Schenectady County (Lomanto, J.), rendered January 13, 1992, upon a verdict convicting defendant of the crimes of criminally negligent homicide and endangering the welfare of a child (two counts).

Defendant’s only contention on this appeal is that her prison sentence of 1 to 3 years for her criminally negligent homicide conviction and one year for each conviction of endangering the welfare of a child, all to be served concurrently, was harsh and excessive. The sentence was less then the harshest permitted by statute and, in view of the circumstances of this case, we find no reason to disturb the sentence imposed by County Court (see, People v Millington, 134 AD2d 645, lv denied 70 NY2d 934). Yesawich Jr., J. P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

187 A.D.2d 822, 590 N.Y.S.2d 766, 1992 N.Y. App. Div. LEXIS 12852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewellen-nyappdiv-1992.

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