From Casetext: Smarter Legal Research

People v. Hickey

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 748 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the County Court of Sullivan County (Kane, J.).


Defendant pleaded guilty to the crimes of murder in the second degree and arson in the third degree in full satisfaction of an eight-count indictment. Defendant caused the death of the victim when he stabbed and slit the victim's throat and then returned several hours later to pour gasoline over the body, burning it and the house in which it was located. Although defendant contends on this appeal that his concurrent prison sentences of 25 years to life for the murder conviction and 5 to 15 years for the arson conviction were harsh and excessive, we disagree. The sentences were imposed in accordance with the plea agreement which significantly reduced defendants exposure to time in prison if convicted after trial of the multiple crimes charged in the indictment. This factor, together with the gruesome and loathsome nature of defendant's crimes, his history of drug use and violent behavior, and the lack of extraordinary circumstances warranting the intervention of this Court's discretion, lead us to conclude that the sentences imposed by County Court should be left undisturbed ( see, People v. Leibach, 249 A.D.2d 636).

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Hickey

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 748 (N.Y. App. Div. 1998)
Case details for

People v. Hickey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP J. HICKEY…

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 748 (N.Y. App. Div. 1998)
674 N.Y.S.2d 795

Citing Cases

People v. Wooddell

The record discloses, however, that the destructive and serious nature of defendant's conduct resulted in…

People v. Weiskopff

In addition, the circumstances surrounding the crime can only be described as horrific, culminating in the…