People v. Mann

Appellate Division of the Supreme Court of New York

People v. Mann

283 A.D.2d 724, 724 N.Y.S.2d 361

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

DecidedMay 10, 2001

StatusPublished

Cited by2 cases

This text of 283 A.D.2d 724 (People v. Mann) 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. Mann, 283 A.D.2d 724, 724 N.Y.S.2d 361 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 23, 2000, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of rape in the third degree and was sentenced to a prison term of 1 to 3 years. Notwithstanding the alleged mitigating circumstances advanced by defendant, we cannot conclude that the sentence imposed was harsh and excessive. County Court not only informed defendant of the sentence that it would impose upon a plea of guilty, but a review of the record establishes that the court considered all relevant factors and circumstances herein. We, accordingly, find no abuse of discretion nor extraordinary circumstances warranting a reduction of the sentence imposed (see, People v Judware, 252 AD2d 663, lv denied 92 NY2d 927; People v Cruz, 246 AD2d 679; People v Shute, 243 AD2d 794; People v Fitzgerald, 239 AD2d 711; People v Blair, 228 AD2d 720; see also, People v Black, 270 AD2d 563).

Cardona, P. J., Mercure, Crew III, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, and matter remitted to the County Court of Washington County for further proceedings pursuant to CPL 460.50 (5).

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 23, 2000, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of rape in the third degree and was sentenced to a prison term of 1 to 3 years. Notwithstanding the alleged mitigating circumstances advanced by defendant, we cannot conclude that the sentence imposed was harsh and excessive. County Court not only informed defendant of the sentence that it would impose upon a plea of guilty, but a review of the record establishes that the court considered all relevant factors and circumstances herein. We, accordingly, find no abuse of discretion nor extraordinary circumstances warranting a reduction of the sentence imposed (see, People v Judware, 252 AD2d 663, lv denied 92 NY2d 927; People v Cruz, 246 AD2d 679; People v Shute, 243 AD2d 794; People v Fitzgerald, 239 AD2d 711; People v Blair, 228 AD2d 720; see also, People v Black, 270 AD2d 563).

Cardona, P. J., Mercure, Crew III, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, and matter remitted to the County Court of Washington County for further proceedings pursuant to CPL 460.50 (5).

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D.2d 724, 724 N.Y.S.2d 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mann-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack