People v. Vanhoesen

Appellate Division of the Supreme Court of New York

People v. Vanhoesen

3 A.D.3d 787, 771 N.Y.S.2d 730, 2004 N.Y. App. Div. LEXIS 871

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

DecidedJanuary 29, 2004

StatusPublished

Cited by1 cases

This text of 3 A.D.3d 787 (People v. Vanhoesen) 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. Vanhoesen, 3 A.D.3d 787, 771 N.Y.S.2d 730, 2004 N.Y. App. Div. LEXIS 871 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered August 22, 2000, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.

Following a jury trial, defendant was convicted of criminal possession of a weapon in the third degree and was sentenced as a second felony offender to a prison term of 3 to 6 years. We reject defendant’s sole contention on appeal that the sentence imposed was harsh and excessive. The record establishes that County Court considered all relevant circumstances in imposing the sentence, including defendant’s remorse, claim of self-defense and the fact that he was on parole at the time of the incident. Under these circumstances, we find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence in the interest of justice (see CPL 470.15 [6] [b]; People v Dolphy, 257 AD2d 681, 685 [1999], lv denied 93 NY2d 872 [1999]).

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

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Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered August 22, 2000, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.

Following a jury trial, defendant was convicted of criminal possession of a weapon in the third degree and was sentenced as a second felony offender to a prison term of 3 to 6 years. We reject defendant’s sole contention on appeal that the sentence imposed was harsh and excessive. The record establishes that County Court considered all relevant circumstances in imposing the sentence, including defendant’s remorse, claim of self-defense and the fact that he was on parole at the time of the incident. Under these circumstances, we find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence in the interest of justice (see CPL 470.15 [6] [b]; People v Dolphy, 257 AD2d 681, 685 [1999], lv denied 93 NY2d 872 [1999]).

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

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Bluebook (online)

3 A.D.3d 787, 771 N.Y.S.2d 730, 2004 N.Y. App. Div. LEXIS 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vanhoesen-nyappdiv-2004.

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