People v. Trouche
Cases that cite this one
4 later published cases cite this decision.
- People v. Depta (Appellate Division of the Supreme Court of New York 1999)
- People v. Depta (Appellate Division of the Supreme Court of New York 1999)
- People v. Thomas (Appellate Division of the Supreme Court of New York 1997)
- People v. Rolfe (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), entered October 11, 1994, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Defendant was found with a razor blade in his possession while confined at a State correctional facility. He subsequently pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced to a prison term of Vh to 3 years to run consecutive to the sentence he was then serving. On appeal, defendant argues that this criminal prosecution is barred by the doctrine of double jeopardy because he was punished for the same incident as the result of a prior prison disciplinary hearing. Inasmuch as we have previously rejected claims such as this (see, People v Nunez, 186 AD2d 317, lv denied 81 NY2d 765; People v Frye, 144 AD2d 714, lv denied 73 NY2d 891), we find defendant’s argument to be without merit. We further find that the sentence imposed is neither harsh nor excessive given the nature of the crime and the fact that the sentence imposed was the most lenient permitted by statute.
Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.