People v. Roupp

Appellate Division of the Supreme Court of New York

People v. Roupp

305 A.D.2d 729, 757 N.Y.S.2d 908, 2003 N.Y. App. Div. LEXIS 5218

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

DecidedMay 8, 2003

StatusPublished

This text of 305 A.D.2d 729 (People v. Roupp) 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. Roupp, 305 A.D.2d 729, 757 N.Y.S.2d 908, 2003 N.Y. App. Div. LEXIS 5218 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 21, 2000, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of sodomy in the first degree arising out of his molestation of his 13-year-old stepdaughter and was sentenced to a determinate prison term of 15 years. Defendant contends on this appeal that his prison sentence is harsh or excessive. We disagree. Defendant derived a substantial benefit from the plea bargain in that his guilty plea was accepted in satisfaction of a 10-count indictment. This, together with the loathsome nature of defendant’s crime and the lack of extraordinary circumstances warranting our intervention in the interest of justice, lead us to conclude that the agreed-upon sentence should not be disturbed (see People v Hines, 263 AD2d 682, 683 [1999], lv denied 93 NY2d 1019 [1999]; People v Appollonia, 247 AD2d 770, 771 [1998], lv denied 92 NY2d 847 [1998]).

Crew III, J.P., Peters, Spain, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 21, 2000, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.

Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of sodomy in the first degree arising out of his molestation of his 13-year-old stepdaughter and was sentenced to a determinate prison term of 15 years. Defendant contends on this appeal that his prison sentence is harsh or excessive. We disagree. Defendant derived a substantial benefit from the plea bargain in that his guilty plea was accepted in satisfaction of a 10-count indictment. This, together with the loathsome nature of defendant’s crime and the lack of extraordinary circumstances warranting our intervention in the interest of justice, lead us to conclude that the agreed-upon sentence should not be disturbed (see People v Hines, 263 AD2d 682, 683 [1999], lv denied 93 NY2d 1019 [1999]; People v Appollonia, 247 AD2d 770, 771 [1998], lv denied 92 NY2d 847 [1998]).

Crew III, J.P., Peters, Spain, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

305 A.D.2d 729, 757 N.Y.S.2d 908, 2003 N.Y. App. Div. LEXIS 5218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roupp-nyappdiv-2003.

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