From Casetext: Smarter Legal Research

People v. Iovinella

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 2002
295 A.D.2d 753 (N.Y. App. Div. 2002)

Opinion

12103

June 20, 2002.

Appeal from a judgment of the County Court of Schenectady County (Tomlinson, J.), rendered June 21, 1999, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Carl J. Silverstein, Monticello, for appellant.

Robert M. Carney, District Attorney, Schenectady (Michele Schettino, Law Intern), for respondent.

Before: Crew III, J.P., Peters, Spain, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER


Defendant was charged in a 16-count indictment with numerous crimes arising from the beating of his girlfriend on August 24, 1998. He pleaded guilty to assault in the first degree in full satisfaction of the indictment and was sentenced to 6 to 12 years in prison.

On appeal, defendant contends that County Court erroneously permitted the victim to read the written statements of her mother and father at sentencing and allowed such statements to be made part of the record. We disagree. While CPL 380.50 (2) (b) provides that the victim shall be permitted to make a statement pertinent to sentencing in instances where the defendant is to be sentenced for a crime which is a felony, the statute does not preclude the court from allowing statements by other individuals, particularly family members (see, People v. Arroyo, 284 A.D.2d 735, 736, lv denied 96 N.Y.2d 916; People v. Rivers, 262 A.D.2d 108, 108-109, lv denied 94 N.Y.2d 828). We find no compelling reason to reconsider our decision in People v. Arroyo (supra). Therefore, we decline to disturb the judgment of conviction.

Crew III, J.P., Peters, Spain and Rose, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Iovinella

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 2002
295 A.D.2d 753 (N.Y. App. Div. 2002)
Case details for

People v. Iovinella

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD IOVINELLA…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 20, 2002

Citations

295 A.D.2d 753 (N.Y. App. Div. 2002)
744 N.Y.S.2d 529

Citing Cases

People v. Hemmings

The sentence must be vacated because the sentencing judge erred in permitting several nonstatutory "victims"…

People v. Weeks

Contrary to defendant's further contention, the court did not err in permitting the mother of one of the…