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People v. Villanueva

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1991
176 A.D.2d 464 (N.Y. App. Div. 1991)

Opinion

October 3, 1991

Appeal from the Supreme Court, Bronx County (George Covington, J.).


On November 2, 1988, this Court modified defendant's judgment to the extent of vacating the sentence imposed and remanding for a new sentence because the sentencing record was "permeated with improper considerations and prejudicial references". (People v Villanueva, 144 A.D.2d 285.)

On appeal, defendant argues that his resentence is excessive.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction", we perceive no abuse of discretion warranting a reduction in sentence. (People v. Farrar, 52 N.Y.2d 302, 305.)

Concur — Murphy, P.J., Carro, Wallach, Kupferman and Asch, JJ.


Summaries of

People v. Villanueva

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1991
176 A.D.2d 464 (N.Y. App. Div. 1991)
Case details for

People v. Villanueva

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WIGBERTO VILLANUEVA…

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

Date published: Oct 3, 1991

Citations

176 A.D.2d 464 (N.Y. App. Div. 1991)