From Casetext: Smarter Legal Research

People v. Bartolillo

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2008
47 A.D.3d 1122 (N.Y. App. Div. 2008)

Opinion

No. 100731.

January 24, 2008.

Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered September 11, 2006, upon a verdict convicting defendant of the crimes of rape in the first degree and criminal sexual act in the first degree.

Gregory Kottmeier, Delhi, for appellant.

Richard D. Northrup Jr., District Attorney, Delhi (John L. Hubbard of counsel), for respondent.

Before: Mercure, J.P., Peters, Spain, Kane and Kavanagh, JJ.


Defendant was convicted following a jury trial of rape in the first degree and criminal sexual act in the first degree. County Court thereafter sentenced him to concurrent terms of imprisonment of 15 years, with five years of postrelease supervision. Defendant now appeals.

We reject defendant's contention that the sentence imposed is harsh and excessive. Noting the serious nature of the crimes committed, along with defendant's apparent failure to accept responsibility for his actions or demonstrate any remorse, we discern neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a modification of the sentence ( see People v Wallis, 24 AD3d 1029, 1033 [2005]). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Bartolillo

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2008
47 A.D.3d 1122 (N.Y. App. Div. 2008)
Case details for

People v. Bartolillo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUDE T. BARTOLILLO,…

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

Date published: Jan 24, 2008

Citations

47 A.D.3d 1122 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 381
849 N.Y.S.2d 718

Citing Cases

People v. Shepherd

Finally, we are unpersuaded that defendant's sentence is harsh and excessive. In view of the serious nature…

People v. Kelsey

In addition to considering letters from various community members – who asked for leniency due to their view…