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People v. McCleese

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 852 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

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


Ordered that the judgment is affirmed.

We find that, viewing the evidence presented at the trial in the light most favorable to the defendant, no reasonable view of such evidence would support a defense of entrapment. Thus, the trial court did not err in refusing the defendant's request to charge the jury with respect to this defense (see, e.g., People v. Watts, 57 N.Y.2d 299, 301; People v. Ruiz, 96 A.D.2d 845; contra, People v. Moore, 62 A.D.2d 930 ; People v. Sundholm, 58 A.D.2d 224).

There is no merit to the defendant's claim that the sentence imposed was so disproportionate to the offenses as to constitute unconstitutionally cruel and unusual punishment. The sentencing court properly sentenced the defendant as a second felony offender to the minimum mandatory sentence required by New York State's statutory sentencing scheme (see, Penal Law § 70.06).

We have reviewed the defendant's other claims and find them to be without merit. Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.


Summaries of

People v. McCleese

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 852 (N.Y. App. Div. 1987)
Case details for

People v. McCleese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES LOUIS McCLEESE…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 852 (N.Y. App. Div. 1987)