People v. Pellechia

Appellate Division of the Supreme Court of New York

People v. Pellechia

85 A.D.3d 1494, 925 N.Y.S.2d 915

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

DecidedJune 30, 2011

StatusPublished

Cited by1 cases

This text of 85 A.D.3d 1494 (People v. Pellechia) 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. Pellechia, 85 A.D.3d 1494, 925 N.Y.S.2d 915 (N.Y. Ct. App. 2011).

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Opinion

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered March 5, 2010, convicting defendant upon his plea of guilty of the crimes of attempted assault in the second degree and resisting arrest.

In satisfaction of a five-count indictment, defendant pleaded guilty to attempted assault in the second degree and resisting arrest and was sentenced as a second felony offender to an agreed-upon aggregate prison term of 2 to 4 years. Defendant appeals, solely contesting the severity of his sentence. Because defendant received the sentence for which he bargained, and based on the nature of the offenses committed, the fact that he was on parole at the time and his history of violent crimes, we can see no extraordinary circumstances or abuse of discretion that would warrant a reduction of defendant’s sentence (see CPL 470.15 [6] [b]; People v Evans, 81 AD3d 1040, 1041-1042 [2011]; People v Andrews, 78 AD3d 1229, 1233 [2010], lv denied 16 NY3d 827 [2011]).

Rose, J.P., Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered March 5, 2010, convicting defendant upon his plea of guilty of the crimes of attempted assault in the second degree and resisting arrest.

In satisfaction of a five-count indictment, defendant pleaded guilty to attempted assault in the second degree and resisting arrest and was sentenced as a second felony offender to an agreed-upon aggregate prison term of 2 to 4 years. Defendant appeals, solely contesting the severity of his sentence. Because defendant received the sentence for which he bargained, and based on the nature of the offenses committed, the fact that he was on parole at the time and his history of violent crimes, we can see no extraordinary circumstances or abuse of discretion that would warrant a reduction of defendant’s sentence (see CPL 470.15 [6] [b]; People v Evans, 81 AD3d 1040, 1041-1042 [2011]; People v Andrews, 78 AD3d 1229, 1233 [2010], lv denied 16 NY3d 827 [2011]).

Rose, J.P., Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

85 A.D.3d 1494, 925 N.Y.S.2d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pellechia-nyappdiv-2011.

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