Home/New York Court of Appeals/People v. Pedraza

People v. Pedraza

485 N.E.2d 237, 66 N.Y.2d 626, 495 N.Y.S.2d 30, 1985 N.Y. LEXIS 17153
New York Court of Appeals·Decided October 8, 1985·Published·Cited by 18 cases

Opinion

OPINION OF THE COURT

Order affirmed. It is clear from this record that the sentencing court did consider "the nature and circumstances of the crime and * * * the history and character of the defendant” (Penal Law § 70.02 [2] [c] [i]), correctly including whether, in view of defendant’s physical condition, a sentence of imprisonment would be "unduly harsh”. Thus, it cannot be said that the court failed to exercise its discretion or abused that discretion as a matter of law.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

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People v. Pedraza, 485 N.E.2d 237, 66 N.Y.2d 626, 495 N.Y.S.2d 30, 1985 N.Y. LEXIS 17153 (N.Y. 1985).

485 N.E.2d 237 (People v. Pedraza) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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