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People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1988
140 A.D.2d 549 (N.Y. App. Div. 1988)

Opinion

May 16, 1988

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the sentence is affirmed.

The defendant argues on appeal that the sentence imposed constitutes cruel and unusual punishment in violation of constitutional proscriptions (NY Const, art I, § 5; US Const 8th Amend). "[O]rdinarily a sentence that is within statutory limits does not constitute cruel and unusual punishment absent exceptional circumstances" (People v Albano, 124 A.D.2d 739, 740, lv denied 69 N.Y.2d 824). We find no such exceptional circumstances at bar. The record reflects that the trial court considered the defendant's background, his lack of a prior criminal history and the circumstances of the crime before imposing a sentence which was less than the maximum permissible term for a class B violent felony offender. Thompson, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1988
140 A.D.2d 549 (N.Y. App. Div. 1988)
Case details for

People v. Medina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AGUSTIN MEDINA…

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

Date published: May 16, 1988

Citations

140 A.D.2d 549 (N.Y. App. Div. 1988)

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