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People v. Loya

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1995
212 A.D.2d 918 (N.Y. App. Div. 1995)

Opinion

February 16, 1995

Appeal from the County Court of Saratoga County (Williams, J.).


Defendant pleaded guilty to sexual abuse in the first degree in satisfaction of a superior court information. On this appeal, defendant contends that County Court abused its discretion in failing to adjudicate him a youthful offender or, alternatively, that the sentence imposed is harsh and excessive. We find that, considering the abhorrent and serious nature of the crime, as well as defendant's lack of concern for his victims, County Court's denial of youthful offender status was appropriate. Further, given that defendant pleaded guilty knowing that he could receive the sentence ultimately imposed, which is less than the harshest possible, we find no basis to disturb the sentence imposed by County Court.

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Loya

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1995
212 A.D.2d 918 (N.Y. App. Div. 1995)
Case details for

People v. Loya

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER M. LOYA…

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

Date published: Feb 16, 1995

Citations

212 A.D.2d 918 (N.Y. App. Div. 1995)
623 N.Y.S.2d 171