People v. Wyant

Appellate Division of the Supreme Court of New York

People v. Wyant

274 A.D.2d 673, 710 N.Y.S.2d 465, 2000 N.Y. App. Div. LEXIS 7804

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

DecidedJuly 13, 2000

StatusPublished

Cited by1 cases

This text of 274 A.D.2d 673 (People v. Wyant) 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. Wyant, 274 A.D.2d 673, 710 N.Y.S.2d 465, 2000 N.Y. App. Div. LEXIS 7804 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 15, 1999, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to one count of sexual abuse in the first degree as a result of his molestation of a 21-month-old infant. Defendant was sentenced as a second felony offender to a definite term of six years in prison. Defendant now argues that his negotiated sentence was harsh and excessive in light of his alcoholism and claim that he is suffering from untreated attention deficit disorder. We disagree. “A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification” (People v David, 263 AD2d 615). Here, given defendant’s prior criminal history and his heinous conduct toward a helpless child, we find no reason to disturb the sentence imposed (see, id.).

Cardona, P. J., Spain, Carpinello, Graffeo and Rose, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 15, 1999, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to one count of sexual abuse in the first degree as a result of his molestation of a 21-month-old infant. Defendant was sentenced as a second felony offender to a definite term of six years in prison. Defendant now argues that his negotiated sentence was harsh and excessive in light of his alcoholism and claim that he is suffering from untreated attention deficit disorder. We disagree. “A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification” (People v David, 263 AD2d 615). Here, given defendant’s prior criminal history and his heinous conduct toward a helpless child, we find no reason to disturb the sentence imposed (see, id.).

Cardona, P. J., Spain, Carpinello, Graffeo and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

274 A.D.2d 673, 710 N.Y.S.2d 465, 2000 N.Y. App. Div. LEXIS 7804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wyant-nyappdiv-2000.

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