People v. Riley

Appellate Division of the Supreme Court of New York

People v. Riley

216 A.D.2d 608, 627 N.Y.S.2d 471, 1995 N.Y. App. Div. LEXIS 5846

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

DecidedJune 1, 1995

StatusPublished

Cited by1 cases

This text of 216 A.D.2d 608 (People v. Riley) 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. Riley, 216 A.D.2d 608, 627 N.Y.S.2d 471, 1995 N.Y. App. Div. LEXIS 5846 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered June 21, 1993, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

After a jury trial, defendant was convicted of promoting prison contraband in the first degree stemming from an incident in which he was observed passing a small, shiny metal object, which turned out to be a razor blade, to a fellow inmate. He was sentenced, as a second felony offender, to a term of 3 to 6 years in prison to be served consecutive to his current sentence. Initially, inasmuch as the prior prison disciplinary hearing resulted only in the loss of good time and/or privileges, we reject defendant’s claim that the criminal indictment should be dismissed on the ground of double jeopardy. Furthermore, given defendant’s criminal history and prior disciplinary problems, as well as the fact that the sentence imposed was within statutory guidelines, we do not find that the sentence was harsh or excessive.

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

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Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered June 21, 1993, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

After a jury trial, defendant was convicted of promoting prison contraband in the first degree stemming from an incident in which he was observed passing a small, shiny metal object, which turned out to be a razor blade, to a fellow inmate. He was sentenced, as a second felony offender, to a term of 3 to 6 years in prison to be served consecutive to his current sentence. Initially, inasmuch as the prior prison disciplinary hearing resulted only in the loss of good time and/or privileges, we reject defendant’s claim that the criminal indictment should be dismissed on the ground of double jeopardy. Furthermore, given defendant’s criminal history and prior disciplinary problems, as well as the fact that the sentence imposed was within statutory guidelines, we do not find that the sentence was harsh or excessive.

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

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Bluebook (online)

216 A.D.2d 608, 627 N.Y.S.2d 471, 1995 N.Y. App. Div. LEXIS 5846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-riley-nyappdiv-1995.

Opinion

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