People v. Whitman

Appellate Division of the Supreme Court of New York

People v. Whitman

202 A.D.2d 871, 609 N.Y.S.2d 690, 1994 N.Y. App. Div. LEXIS 2834

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

DecidedMarch 24, 1994

StatusPublished

Cited by2 cases

This text of 202 A.D.2d 871 (People v. Whitman) 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. Whitman, 202 A.D.2d 871, 609 N.Y.S.2d 690, 1994 N.Y. App. Div. LEXIS 2834 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered November 30, 1992, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

We reject the contention of defendant, a man in his 30s, that his negotiated sentence of 1 to 4 years in prison for having sex with the 16-year-old daughter of his live-in girlfriend is unduly harsh or excessive. Defendant’s claim that his admitted conduct should be excused because of the alleged encouragement of sexual exploitation of minors in the popular media is wholly unpersuasive. Under the circumstances, we find no reason to disturb the sentence imposed by County Court.

Cardona, P. J., Mercure, White, Weiss and Casey, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered November 30, 1992, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

We reject the contention of defendant, a man in his 30s, that his negotiated sentence of 1 to 4 years in prison for having sex with the 16-year-old daughter of his live-in girlfriend is unduly harsh or excessive. Defendant’s claim that his admitted conduct should be excused because of the alleged encouragement of sexual exploitation of minors in the popular media is wholly unpersuasive. Under the circumstances, we find no reason to disturb the sentence imposed by County Court.

Cardona, P. J., Mercure, White, Weiss and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

202 A.D.2d 871, 609 N.Y.S.2d 690, 1994 N.Y. App. Div. LEXIS 2834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whitman-nyappdiv-1994.

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