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People v. Ayala

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1991
172 A.D.2d 316 (N.Y. App. Div. 1991)

Summary

affirming trial court's finding, in a divorce proceeding, that "the defendant had deliberately dissipated marital funds and secreted marital assets through the conveyance of those assets to the aforementioned various trusts and alter ego corporations" and that these entities "served as the defendant's personal `pocket book,' thereby necessitating a distributive award to the plaintiff of her share of the marital property"

Summary of this case from In re Vebeliunas

Opinion

April 18, 1991

Appeal from the Supreme Court, New York County (Joan Sudolnik, J.).


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.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms." (People v. Felman, 141 A.D.2d 889, 890, lv denied 72 N.Y.2d 918.)

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.


Summaries of

People v. Ayala

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1991
172 A.D.2d 316 (N.Y. App. Div. 1991)

affirming trial court's finding, in a divorce proceeding, that "the defendant had deliberately dissipated marital funds and secreted marital assets through the conveyance of those assets to the aforementioned various trusts and alter ego corporations" and that these entities "served as the defendant's personal `pocket book,' thereby necessitating a distributive award to the plaintiff of her share of the marital property"

Summary of this case from In re Vebeliunas
Case details for

People v. Ayala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL AYALA…

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

Date published: Apr 18, 1991

Citations

172 A.D.2d 316 (N.Y. App. Div. 1991)
568 N.Y.S.2d 394

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