People v. McKenna

Appellate Division of the Supreme Court of New York

People v. McKenna

197 A.D.2d 788, 604 N.Y.S.2d 829, 1993 N.Y. App. Div. LEXIS 10074

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1993·Published

Opinion

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 4, 1991, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated, assault in the second degree and attempted assault in the second degree.

We have examined defendant’s claim that County Court’s imposition of consecutive, as opposed to concurrent, sentences was unduly severe and conclude that this argument is without merit. Given the heinous nature of defendant’s conduct and his past criminal history, we see no reason to disturb the sentence imposed by County Court.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 4, 1991, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated, assault in the second degree and attempted assault in the second degree.

We have examined defendant’s claim that County Court’s imposition of consecutive, as opposed to concurrent, sentences was unduly severe and conclude that this argument is without merit. Given the heinous nature of defendant’s conduct and his past criminal history, we see no reason to disturb the sentence imposed by County Court.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

People v. McKenna, 197 A.D.2d 788, 604 N.Y.S.2d 829, 1993 N.Y. App. Div. LEXIS 10074 (N.Y. Ct. App. 1993).

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