People v. Martin

Appellate Division of the Supreme Court of New York

People v. Martin

303 A.D.2d 1026, 756 N.Y.S.2d 813, 2003 N.Y. App. Div. LEXIS 2920

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

DecidedMarch 21, 2003

StatusPublished

This text of 303 A.D.2d 1026 (People v. Martin) 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. Martin, 303 A.D.2d 1026, 756 N.Y.S.2d 813, 2003 N.Y. App. Div. LEXIS 2920 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Appeal from a judgment of Ontario County Court (Doran, J.), entered November 20, 2001, convicting defendant upon his plea of guilty of, inter alia, course of sexual conduct against a child in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law former § 130.80 [1] [a]) and incest (§ 255.25). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for youthful offender status (see People v Smith, 286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]). We decline to modify the terms of the order of protection, and the sentence is not unduly harsh or severe. Present — Pigott, Jr., P.J., Green, Pine, Gorski and Hayes, JJ.

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—Appeal from a judgment of Ontario County Court (Doran, J.), entered November 20, 2001, convicting defendant upon his plea of guilty of, inter alia, course of sexual conduct against a child in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law former § 130.80 [1] [a]) and incest (§ 255.25). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for youthful offender status (see People v Smith, 286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]). We decline to modify the terms of the order of protection, and the sentence is not unduly harsh or severe. Present — Pigott, Jr., P.J., Green, Pine, Gorski and Hayes, JJ.

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Bluebook (online)

303 A.D.2d 1026, 756 N.Y.S.2d 813, 2003 N.Y. App. Div. LEXIS 2920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martin-nyappdiv-2003.