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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 248 (N.Y. App. Div. 1992)

Opinion

July 6, 1992

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the amended judgment is affirmed.

In 1988 the defendant pleaded guilty to assault in the second degree in satisfaction of Indictment Number 4490/87, which charged him with numerous violent crimes perpetrated against his then girlfriend. He was sentenced to six months in jail and five years probation. While on probation, the defendant entered into a relationship with a different woman, whom he also allegedly abused. The complainant secured an order of protection which the defendant admittedly violated on at least two occasions. He pleaded guilty to two charges of criminal contempt in the second degree arising out of the violation of the order of protection (Penal Law § 215.50).

Clearly, the defendant's two misdemeanor criminal contempt convictions constituted a violation of the terms of his probation on the assault charge and justified the revocation thereof (see, CPL 410.10; People v. Hemphill, 120 A.D.2d 767; People v. Cassadei, 116 A.D.2d 961). Moreover, under the circumstances of this case, and in light of the defendant's lengthy criminal record, which includes at least three series of criminal acts perpetrated against women with whom he had established relationships, the court acted properly in sentencing the defendant to a term of imprisonment to deter and isolate the defendant so as to prevent further similar criminal episodes (see, People v. Suitte, 90 A.D.2d 80).

We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Miller, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 248 (N.Y. App. Div. 1992)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY MILLER…

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

Date published: Jul 6, 1992

Citations

185 A.D.2d 248 (N.Y. App. Div. 1992)

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