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People v. Downing

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 691 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's position, the sentence imposed, which was the minimum permissible sentence under the circumstances, did not constitute an improvident exercise of the sentencing court's discretion (see, People v. Suitte, 90 A.D.2d 80) and did not violate the defendant's constitutional protections against cruel and inhuman punishment (NY Const, art I, § 5; US Const 8th Amend). In any event, the defendant has no cause to complain since the sentence was the product of a negotiated plea (see, People v. Kazepis, 101 A.D.2d 816). Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.


Summaries of

People v. Downing

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 691 (N.Y. App. Div. 1989)
Case details for

People v. Downing

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT DOWNING…

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 691 (N.Y. App. Div. 1989)