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People v. Robinson

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1999
262 A.D.2d 795 (N.Y. App. Div. 1999)

Opinion

June 17, 1999

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered March 2, 1998, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Charles E. Inman, Public Defender (Kevin M. Colwell of counsel), Hudson, for appellant.

Beth G. Cozzolino, District Attorney (Kenneth L. Golden of counsel), Hudson, for respondent.

Before: CARDONA, P.J., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ.


MEMORANDUM AND ORDER

Charged with the stabbing death of his wife, defendant pleaded guilty to one count of murder in the second degree and was sentenced to a term of 25 years to life in prison. Defendant was also directed to pay $5,800 in restitution to the victim's brother to reimburse him for the cost of her funeral. Defendant's sole contention on appeal is that this sentence was harsh and excessive due to the fact that he has no prior criminal record.

We affirm. A sentence within permissible statutory ranges will not be disturbed unless extraordinary circumstances exist warranting a modification (see, People v. Dolphy, 257 A.D.2d 681, 685 N.Y.S.2d 485, lv denied 93 N.Y.2d 872 [Mar. 19, 1999]; see also,People v. Dilone, 261 A.D.2d 650 [May 6, 1999]). Here, given the brutal and senseless nature of the crime as revealed in the record, we find no extraordinary circumstances or any other reason to modify the sentence imposed which was the harshest permitted by statute, in the interest of justice (see, id.).

ORDERED that the judgment is affirmed.


Summaries of

People v. Robinson

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 1999
262 A.D.2d 795 (N.Y. App. Div. 1999)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ROBINSON…

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

Date published: Jun 17, 1999

Citations

262 A.D.2d 795 (N.Y. App. Div. 1999)
693 N.Y.S.2d 251

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