People v Sessions (Gary)

[*1] People v Sessions (Gary) 2005 NYSlipOp 50867(U) Decided on June 7, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 7, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and BELEN, JJ.
2002-1606 K CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Gary Sessions, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Kings County (D. Chun, J.), rendered September 26, 2002, convicting defendant, upon his guilty plea, of endangering the welfare of a child (Penal Law § 260.10 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

As defendant received the sentence for which he bargained, he has no ground to complain that said sentence was excessive (e.g. People v Domin, 13 AD3d 391 [2004]; People v Fanelli, 8 AD3d 296 [2004]; People v Kazepis, 101 AD2d 816 [1984]). In any event, the sentence did not constitute an abuse of sentencing discretion, nor should the sentence be modified in the interest of justice. In our view, defendant's prior conviction of a more serious offense of a similar nature and the salutatory conditions of his probation render the instant sentence entirely appropriate (People v Suitte, 90 AD2d 80 [1982]).
Decision Date: June 07, 2005