People v. Sparlin

Appellate Division of the Supreme Court of New York

People v. Sparlin

206 A.D.2d 883, 616 N.Y.S.2d 312, 1994 N.Y. App. Div. LEXIS 7803

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

DecidedJuly 15, 1994

StatusPublished

This text of 206 A.D.2d 883 (People v. Sparlin) 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. Sparlin, 206 A.D.2d 883, 616 N.Y.S.2d 312, 1994 N.Y. App. Div. LEXIS 7803 (N.Y. Ct. App. 1994).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted rape in the first degree, defendant contends that the sentence imposed is harsh and excessive. We disagree. Upon considering the cruel nature of defendant’s conduct and the fact that the victim was a six-year-old child, we decline, as a matter of discretion in the interest of justice, to modify the sentence (see, CPL 470.15 [6] [b]). We have reviewed the remaining contentions of defendant, raised in his pro se supplemental brief, and conclude that each one is lacking in merit. (Appeal from Judgment of Niagara County Court, DiFlorio, J.—Attempted Rape, 1st Degree.) Present—Denman, P. J., Pine, Lawton, Callahan and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted rape in the first degree, defendant contends that the sentence imposed is harsh and excessive. We disagree. Upon considering the cruel nature of defendant’s conduct and the fact that the victim was a six-year-old child, we decline, as a matter of discretion in the interest of justice, to modify the sentence (see, CPL 470.15 [6] [b]). We have reviewed the remaining contentions of defendant, raised in his pro se supplemental brief, and conclude that each one is lacking in merit. (Appeal from Judgment of Niagara County Court, DiFlorio, J.—Attempted Rape, 1st Degree.) Present—Denman, P. J., Pine, Lawton, Callahan and Davis, JJ.

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Bluebook (online)

206 A.D.2d 883, 616 N.Y.S.2d 312, 1994 N.Y. App. Div. LEXIS 7803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sparlin-nyappdiv-1994.