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People v. Harden

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 987 (N.Y. App. Div. 2004)

Opinion

15074.

Decided and Entered: April 29, 2004.

Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered February 21, 2003, convicting defendant upon his plea of guilty of two counts of the crime of rape in the second degree.

Robert L. Miller, Waverly, for appellant.

Gerald A. Keene, District Attorney, Owego, for respondent.

Before: Mercure, J.P., Crew III, Peters, Rose and Kane, JJ.


MEMORANDUM AND ORDER

In satisfaction of an 11-count indictment and absent a sentencing commitment by County Court, defendant pleaded guilty to two counts of the crime of rape in the second degree in connection with having sexual intercourse with one of his 14-year-old female students. Following a sentencing hearing, County Court sentenced defendant to consecutive prison terms of 2 to 6 years on each count. Defendant appeals, contending that the sentence imposed was harsh and excessive. We disagree. A review of the sentencing minutes reveals that the court considered all relevant factors and circumstances in imposing the sentence, including defendant's long-standing position of trust within the community, his explanation for his conduct and expressions of remorse. Inasmuch as the record reveals no abuse of discretion or extraordinary circumstances warranting modification, the sentence will not be disturbed ( see People v. Cannon, 2 A.D.3d 898; People v. Parson, 209 A.D.2d 882, 884, lv denied 84 N.Y.2d 1014; People v. Barnes, 202 A.D.2d 872, lv denied 83 N.Y.2d 908).

Mercure, J.P., Crew III, Peters, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Harden

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 987 (N.Y. App. Div. 2004)
Case details for

People v. Harden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY J. HARDEN…

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

Date published: Apr 29, 2004

Citations

6 A.D.3d 987 (N.Y. App. Div. 2004)
775 N.Y.S.2d 603

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