People v. Rupert

Appellate Division of the Supreme Court of New York

People v. Rupert

191 A.D.2d 819, 595 N.Y.S.2d 695, 1993 N.Y. App. Div. LEXIS 2363

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

DecidedMarch 11, 1993

StatusPublished

This text of 191 A.D.2d 819 (People v. Rupert) 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. Rupert, 191 A.D.2d 819, 595 N.Y.S.2d 695, 1993 N.Y. App. Div. LEXIS 2363 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 17, 1991, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Defendant contends on this appeal that the sentence of 10 to 20 years’ imprisonment he received on his conviction of the crime of rape in the first degree was harsh and excessive. Defendant was allowed to plead guilty to one count of rape in the first degree in satisfaction of a two-count indictment. In addition, as a part of the plea agreement two charges pending against defendant in Broome and Genesee Counties were dismissed. Further, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, as well as defendant’s criminal record, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899; People v Du Bray, 76 AD2d 976).

Weiss, P. J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 17, 1991, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Defendant contends on this appeal that the sentence of 10 to 20 years’ imprisonment he received on his conviction of the crime of rape in the first degree was harsh and excessive. Defendant was allowed to plead guilty to one count of rape in the first degree in satisfaction of a two-count indictment. In addition, as a part of the plea agreement two charges pending against defendant in Broome and Genesee Counties were dismissed. Further, defendant pleaded guilty knowing that he could receive the sentence ultimately imposed, which is less than the harshest possible sentence. Given these facts, as well as defendant’s criminal record, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899; People v Du Bray, 76 AD2d 976).

Weiss, P. J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

191 A.D.2d 819, 595 N.Y.S.2d 695, 1993 N.Y. App. Div. LEXIS 2363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rupert-nyappdiv-1993.

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