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People v. DiMarco

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 612 (N.Y. App. Div. 1989)

Opinion

April 17, 1989

Appeal from the County Court, Nassau County (Orenstein, J.).


Ordered that the sentences and the amended sentence are affirmed.

The record does not support a finding that the sentences and the amended sentence imposed constitute cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). The sentences imposed were well within the range of authorized sentences for the crimes to which the defendant pleaded guilty and were the terms for which the defendant freely bargained. Thus, they did not constitute cruel and unusual punishment for these crimes or for this defendant (see, People v. Jones, 39 N.Y.2d 694; People v Vasquez, 104 A.D.2d 1012). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.


Summaries of

People v. DiMarco

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 612 (N.Y. App. Div. 1989)
Case details for

People v. DiMarco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR DiMARCO…

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

Date published: Apr 17, 1989

Citations

149 A.D.2d 612 (N.Y. App. Div. 1989)

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