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People v. Simmons

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 892 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered April 25, 2000, which revoked defendant's probation and imposed a sentence of imprisonment.

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney (Laurie L. Paro of counsel), Canton, for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and Lahtinen, JJ.


MEMORANDUM AND ORDER

Defendant was sentenced to time served, 180 days of electronic house monitoring and five years' probation as a result of his plea of guilty of attempted rape in the second degree. As a condition to probation, defendant was to have no unsupervised contact with any persons less than 17 years old. Thereafter, defendant pleaded guilty to violating the aforementioned condition of his probation and County Court revoked his probation and resentenced defendant to a prison term of 1 to 3 years. Defendant maintains that the agreed-upon sentence was harsh and excessive, especially given, inter alia, his youthful age and his depressed state at the time of resentencing and seeks to have the sentence reduced in the interest of justice. Notwithstanding defendant's assertions, our review of the record reveals no abuse of discretion on the part of County Court nor any extraordinary circumstances warranting our intervention (see, People v. Corpin, 269 A.D.2d 622, lv denied 95 N.Y.2d 795).

ORDERED that the judgment is affirmed.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 892 (N.Y. App. Div. 2001)
Case details for

People v. Simmons

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN A. SIMMONS, Appellant

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 892 (N.Y. App. Div. 2001)
719 N.Y.S.2d 614

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