From Casetext: Smarter Legal Research

People v. Barnes

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 872 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the County Court of Franklin County (Main, Jr., J.).


We reject defendant's contention that his sentence of 2 to 6 years' imprisonment for his conviction of rape in the second degree is harsh and excessive. The crime to which defendant pleaded guilty, which was in full satisfaction of a two-count superior court information, was a serious one which involved a child under the age of 14. In addition, a review of the sentencing minutes reveals that County Court considered all of the appropriate and relevant factors and circumstances of the crime in imposing sentence. Finally, the sentence was less than the harshest possible. Under the circumstances, we find no basis to disturb the sentence imposed by County Court.

Cardona, P.J., Mercure, White, Weiss and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Barnes

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 872 (N.Y. App. Div. 1994)
Case details for

People v. Barnes

Case Details

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

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 872 (N.Y. App. Div. 1994)
609 N.Y.S.2d 443

Citing Cases

People v. Mitchell

We disagree. A review of the record reveals that County Court considered all of the relevant factors and…

People v. Lockwood

We are unpersuaded by defendant's contention that the sentence imposed was harsh and excessive. The sentence…