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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 682 (N.Y. App. Div. 2001)

Opinion

Argued January 26, 2001

February 26, 2001.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Naro, J.), imposed March 10, 2000, upon remittitur from this court (see, People v. Garcia, 267 A.D.2d 247).

Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and James L. Iannone of counsel; Marcia Johnson on the brief), for respondent.

Before: KRAUSMAN, J.P., S. MILLER, McGINITY and FEUERSTEIN, JJ., concur.


DECISION ORDER

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the resentencing court complied with the mandates of Penal Law § 70.10(2). The court adequately stated on the record the reasons it was of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct demonstrated that extended incarceration and lifetime supervision would best serve the public interest (see, People v. Smith, 254 A.D.2d 377; People v. Corrica, 243 A.D.2d 722; People v. Dell'Orfano, 217 A.D.2d 588; People v. Montes, 135 A.D.2d 838; cf., People v. Gaines, 136 A.D.2d 731, 733).


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 682 (N.Y. App. Div. 2001)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. HARRY GARCIA, APPELLANT. (Ind. No…

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 682 (N.Y. App. Div. 2001)
721 N.Y.S.2d 545

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