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People v. Scherl

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 632 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the sentence is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's sole contention on this appeal is that the sentence imposed was excessive. However, we are satisfied that the sentencing court carefully considered and balanced the various factors that go into any sentencing decision (see, People v Suitte, 90 A.D.2d 80; People v Notey, 72 A.D.2d 279). It is particularly noted that the sentencing court fully considered the defendant's emotional problems, and that it actually reduced the bargained-for sentence in light thereof (see, People v Warden, 141 A.D.2d 913). Under the circumstances of this case, we decline to substitute our discretion for that of the sentencing court. Thompson, J.P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Scherl

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 632 (N.Y. App. Div. 1990)
Case details for

People v. Scherl

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON R. SCHERL…

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

Date published: Feb 20, 1990

Citations

158 A.D.2d 632 (N.Y. App. Div. 1990)
551 N.Y.S.2d 607