From Casetext: Smarter Legal Research

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 538 (N.Y. App. Div. 2019)

Opinion

2017-08670 Ind. No. 249/17

07-03-2019

The PEOPLE, etc., Respondent, v. Henry BROWN, Appellant.

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, SHERI S. ROMAN, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered July 12, 2017, convicting him of sexual abuse in the first degree and failure to register or verify as a sex offender, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Pursuant to a plea agreement, the defendant pleaded guilty to sexual abuse in the first degree ( Penal Law § 130.65[3] ) and failure to register or verify as a sex offender ( Correction Law § 168–t ). The defendant was sentenced, as a second felony offender, to a determinate term of imprisonment of five years and a five-year period of postrelease supervision on the conviction of sexual abuse in the first degree, and a definite term of incarceration of one year on the conviction of failure to register or verify as a felony, to run concurrently, in accordance with the plea agreement.

Contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.


Summaries of

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 538 (N.Y. App. Div. 2019)
Case details for

People v. Brown

Case Details

Full title:The People of the State of New York, respondent, v. Henry Brown, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 3, 2019

Citations

174 A.D.3d 538 (N.Y. App. Div. 2019)
101 N.Y.S.3d 636
2019 N.Y. Slip Op. 5413