People v. Scarpulla

Appellate Division of the Supreme Court of New York

People v. Scarpulla

176 A.D.2d 184, 574 N.Y.S.2d 198, 1991 N.Y. App. Div. LEXIS 12035

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

DecidedSeptember 24, 1991

StatusPublished

This text of 176 A.D.2d 184 (People v. Scarpulla) 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. Scarpulla, 176 A.D.2d 184, 574 N.Y.S.2d 198, 1991 N.Y. App. Div. LEXIS 12035 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J., at plea and sentence), rendered February 27, 1990, convicting the defendant upon her plea of guilty of grand larceny in the second degree, for which she was sentenced to a term of from 2 to 6 years imprisonment, unanimously affirmed.

We reject defendant’s contention that the sentence constituted a punishment for the defendant’s inability to make restitution. At the inception of the plea proceeding, the court apprised the defendant of the possibility of receiving up to 15 years in prison, indicating that the court would consider partial restitution in sentencing, but that it "made no promises.” Under these circumstances, the court’s reference to restitution cannot be viewed as a commitment which was later broken by the sentencing court.

The defendant’s claim that the sentence was excessive is likewise without merit. The defendant faced a maximum term of incarceration of 5 to 15 year maximum prison term. Defendant’s calculated and continuous thefts over a period of three years in excess of $750,000 belie allegations that the crime was an aberration solely due to a gambling compulsion. The sentence was in no way inappropriate. Concur — Sullivan, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

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Judgment, Supreme Court, New York County (Brenda Soloff, J., at plea and sentence), rendered February 27, 1990, convicting the defendant upon her plea of guilty of grand larceny in the second degree, for which she was sentenced to a term of from 2 to 6 years imprisonment, unanimously affirmed.

We reject defendant’s contention that the sentence constituted a punishment for the defendant’s inability to make restitution. At the inception of the plea proceeding, the court apprised the defendant of the possibility of receiving up to 15 years in prison, indicating that the court would consider partial restitution in sentencing, but that it "made no promises.” Under these circumstances, the court’s reference to restitution cannot be viewed as a commitment which was later broken by the sentencing court.

The defendant’s claim that the sentence was excessive is likewise without merit. The defendant faced a maximum term of incarceration of 5 to 15 year maximum prison term. Defendant’s calculated and continuous thefts over a period of three years in excess of $750,000 belie allegations that the crime was an aberration solely due to a gambling compulsion. The sentence was in no way inappropriate. Concur — Sullivan, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

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Bluebook (online)

176 A.D.2d 184, 574 N.Y.S.2d 198, 1991 N.Y. App. Div. LEXIS 12035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scarpulla-nyappdiv-1991.