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People v. Appollonia

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 770 (N.Y. App. Div. 1998)

Opinion

February 26, 1998

Appeal from the County Court of Ulster County (Bruhn, J.),


Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of rape in the first degree, the victim being a girl whom he had repeatedly raped and sodomized from the time she was 11 until she was 17 years old. Defendant contends on this appeal that his prison sentence of 3 to 9 years is harsh and excessive. We disagree. Under the terms of the plea bargain agreement, 18 additional criminal charges against defendant were dropped. This, together with the highly repugnant nature of defendant's crime and the lack of any evidence of extraordinary circumstances meriting a reduction, lead us to conclude that the sentence imposed by County Court should not be disturbed, particularly as it is in accord with the plea bargain and is much less than the harshest sentence he could have received ( see, People v. Lewis, 228 A.D.2d 730; People Randazzo, 223 A.D.2d 897, 898).

Cardona, P.J., Mikoll, White, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Appollonia

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 770 (N.Y. App. Div. 1998)
Case details for

People v. Appollonia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS APPOLLONIA…

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

Date published: Feb 26, 1998

Citations

247 A.D.2d 770 (N.Y. App. Div. 1998)
668 N.Y.S.2d 515

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