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People v. Roy

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 878 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the County Court of Schenectady County (Scarano, Jr., J.).


Defendant pleaded guilty to the crime of manslaughter in the second degree and, after he was denied adjudication as a youthful offender, was sentenced in accordance with a negotiated plea agreement to a prison term of 5 to 15 years. Contrary to defendant's contention on appeal, we do not find that County Court improvidently exercised its discretion by denying him youthful offender status in view of the court's consideration of the negative recommendation of the Probation Department and the serious nature of the crime to which defendant pleaded guilty (i.e., while under the influence of cocaine, defendant recklessly caused the death of an infant by throwing him up into the air) (see, People v. Bonilla, 237 A.D.2d 672; People v. Ortega, 114 A.D.2d 912, lv denied 67 N.Y.2d 887; see also, CPL 720.20). Moreover, inasmuch as defendant received the benefit of his plea bargain, we find that the sentence imposed was neither harsh nor excessive (see, People v. Shabazz, 242 A.D.2d 764).

Cardona, P.J., Mikoll, Mercure, Spain and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Roy

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 878 (N.Y. App. Div. 1997)
Case details for

People v. Roy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ROY, Appellant

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

Date published: Dec 24, 1997

Citations

245 A.D.2d 878 (N.Y. App. Div. 1997)
667 N.Y.S.2d 75

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