Appellate Division of the Supreme Court of New York, 1997

People v. Fitzgerald

Appellate Division of the Supreme Court of New York · Decided May 15, 1997

239 A.D.2d 711; 657 N.Y.S.2d 487; 1997 N.Y. App. Div. LEXIS 5258

Cases that cite this one

5 later published cases cite this decision.

People v. Mann (Appellate Division of the Supreme Court of New York 2001)
People v. Grenier (Appellate Division of the Supreme Court of New York 1998)
People v. Judware (Appellate Division of the Supreme Court of New York 1998)
People v. Colon (Appellate Division of the Supreme Court of New York 1997)
People v. Shute (Appellate Division of the Supreme Court of New York 1997)

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 Franklin County (Main, Jr., J.), rendered January 8, 1996, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

Defendant, a man in his 50s, was convicted upon his plea of guilty of the crime of rape in the third degree for having sex *712with a 15-year-old female. At the time of defendant’s plea, no specific promises were made with respect to the sentence to be imposed. We reject the contention that County Court abused its discretion in imposing a prison term of 1 to 3 years. Although this sentence was harsher than that which was recommended by the People or the probation officer, it is well settled that sentencing is a matter within the discretion of the court (see, People v Jarvis, 233 AD2d 632, 633, lv denied 89 NY2d 943). Contrary to defendant’s assertions, we find no extraordinary circumstances that would warrant a reduction of the sentence in the interest of justice.

Cardona, P. J., White, Casey, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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