From Casetext: Smarter Legal Research

People v. Martinez

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1992
184 A.D.2d 869 (N.Y. App. Div. 1992)

Opinion

June 11, 1992

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


Defendant's only contention on this appeal is that the prison sentence she received of five years to life upon her plea of guilty is harsh and excessive. In rejecting this argument, we note that the sentence was well within the statutory guidelines, that the plea was in full satisfaction of a six-count indictment and that the sentence was in accordance with the plea agreement (see, People v. Bauer, 153 A.D.2d 988, lv denied 75 N.Y.2d 767; People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899). Finally, we have previously determined that a person's affliction with acquired immune deficiency syndrome (AIDS) does not constitute an extraordinary circumstance warranting interference with the sentence imposed (see, People v. Brandow, 139 A.D.2d 819, lv denied 72 N.Y.2d 856).

Weiss, P.J., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1992
184 A.D.2d 869 (N.Y. App. Div. 1992)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WANDA MARTINEZ…

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

Date published: Jun 11, 1992

Citations

184 A.D.2d 869 (N.Y. App. Div. 1992)
585 N.Y.S.2d 118

Citing Cases

People v. Nordstrand

Defendant contends that his sentence is harsh and excessive given the fact that he, inter alia, has a son and…

People v. Mejia

Furthermore, the sentence imposed was the most lenient authorized by statute for a second felony offender.…