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People v. Boatwright

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 510 (N.Y. App. Div. 1990)

Opinion

March 5, 1990

Appeal from the County Court, Orange County (Carey, J.).


Ordered that the sentence is affirmed.

The sentence imposed does not constitute cruel and unusual punishment in violation of constitutional limitations (NY Const, art I, § 5; US Const 8th Amend; People v Jones, 39 N.Y.2d 694; People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). Nor do we find, under the circumstances of this case, that the sentence, which was within the legally permissible range for a second felony offender convicted of a class B felony offense (Penal Law § 70.06 [b]; [4] [b]), was excessive. In any event, the sentence was the product of a negotiated plea bargain and, thus, the defendant has no cause to complain that it was unduly harsh or excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Boatwright

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 510 (N.Y. App. Div. 1990)
Case details for

People v. Boatwright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD BOATWRIGHT…

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

Date published: Mar 5, 1990

Citations

159 A.D.2d 510 (N.Y. App. Div. 1990)
552 N.Y.S.2d 379

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