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People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 489 (N.Y. App. Div. 1985)

Opinion

December 2, 1985

Appeal from the Supreme Court, Queens County (Farlo, J.).


Judgment affirmed.

A review of the record indicates that the court's refusal to adjudicate defendant a youthful offender was not an abuse of discretion (see, CPL 720.10, 720.20 Crim. Proc.; People v. Morgan, 111 A.D.2d 192; People v Raphael, 109 A.D.2d 899). Further, defendant's contention that the sentence imposed was unduly harsh and excessive is without merit. The sentence imposed upon the top count of 1 1/2 to 4 1/2 years in prison was the minimum permissible sentence upon a conviction of a class C violent felony, for which incarceration is mandatory (Penal Law § 140.25, 70.02 Penal [2] [a]; [3] [b]; [4]; § 60.05 PENAL[4]). Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 489 (N.Y. App. Div. 1985)
Case details for

People v. Grant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD GRANT…

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

Date published: Dec 2, 1985

Citations

115 A.D.2d 489 (N.Y. App. Div. 1985)