People v Singletary (Emory)

[*1] People v Singletary (Emory) 2005 NYSlipOp 52134(U) Decided on December 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1264 RO CR

The People of the State of New York, Respondent,

against

Emory Singletary, Appellant.

Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Victor J. Alfieri, Jr., J.), rendered August 2, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree.

Judgment of conviction unanimously affirmed.

Defendant pleaded guilty to criminal contempt in the second degree for violating an order of protection and received a negotiated sentence of a 30-day term of imprisonment, as a condition of, and to run concurrently with, three years' probation, a $1,000 fine, and attendance in a domestic violence program consisting of 52 classes. On appeal, defendant contends that his sentence is harsh and excessive in light of the [*2]
fact that he merely approached the complainant to speak to her, never threatened her, and left without incident when she told him to do so. Upon a review of the record, we are of the opinion that the sentence imposed was neither harsh nor excessive.
Decision Date: December 19, 2005