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People v. Whitehead

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 847 (N.Y. App. Div. 1991)

Opinion

January 3, 1991

Appeal from the County Court of Greene County (Fromer, J.).


Upon his conviction, defendant was resentenced as a second felony offender to five concurrent sentences, the harshest of which is a prison sentence 12 1/2 to 25 years. Initially, we note that defendant has failed to preserve for appellate review the issue of County Court's compliance with CPL 380.50 (see, People v Green, 54 N.Y.2d 878, 880; People v Regan, 88 A.D.2d 664) and we find no reason to reverse on that issue in the interest of justice. We also find that, given defendant's past criminal history and the violent nature of the crimes involved herein, County Court properly exercised its discretion in imposing sentence (see, People v Gholston, 137 A.D.2d 765, lv denied 71 N.Y.2d 896; People v Collins, 136 A.D.2d 720, 722, lv denied 71 N.Y.2d 894).

Judgment affirmed. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

People v. Whitehead

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 847 (N.Y. App. Div. 1991)
Case details for

People v. Whitehead

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROZELL R. WHITEHEAD…

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

Date published: Jan 3, 1991

Citations

169 A.D.2d 847 (N.Y. App. Div. 1991)

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