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People v. Germaine

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 681 (N.Y. App. Div. 1999)

Opinion

July 15, 1999

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 19, 1998, convicting defendant upon his plea of guilty of the crime of attempted rape in the first degree.

Ackerman, Wachs Finton P.C. (Theresa M. Suozzi of counsel), Albany, for appellant.

Robert M. Winn, District Attorney, Fort Edward, for respondent.

Before: CARDONA, P.J., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of attempted rape in the first degree and was sentenced to the harshest permissible sentence of 7 1/2 to 15 years in prison. Defendant appeals, contending that the sentence imposed was harsh and excessive. Based upon our review of the record, we disagree. Defendant was permitted to plead guilty to a lesser offense in satisfaction of a two-count indictment and knew that he would receive the sentence ultimately imposed. In view of these facts, we find no reason to disturb the sentence imposed by County Court (see, People v. Judson, 210 A.D.2d 703; People v. Alsaifullah, 136 A.D.2d 774, lvs denied 71 N.Y.2d 892, 896), notwithstanding the fact that defendant had no prior felony convictions.

ORDERED that the judgment is affirmed.


Summaries of

People v. Germaine

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 681 (N.Y. App. Div. 1999)
Case details for

People v. Germaine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS GERMAINE…

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

Date published: Jul 15, 1999

Citations

263 A.D.2d 681 (N.Y. App. Div. 1999)
692 N.Y.S.2d 620