· 5/25/2017
People v. Upshur
Citations
- 2017 NY Slip Op 4171
- 150 A.D.3d 1552
- 52 N.Y.S.3d 685
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding nothing prevents a trial court from considering the extreme age difference of the victim in sentencing, where victim was 5 weeks old and appellant was charged with aggravated assault
- finding substantial question based upon allegation that the court “exceeded the recommended range in the sentencing guidelines without providing an adequate basis”
- stating claim that sentence is excessive and court erred in imposing unreasonable sentence outside of sentencing guidelines challenges discretionary aspects of sentencing
- “Objections to the discretionary aspects of a sentence are generally waived if they are not raised at the sentencing hearing or in a motion to modify the sentence imposed”
- citation 7 The sentencing order indicated that restitution was “imposed as part of the sentence” and “due immediately unless the court established a payment plan.” See Order, 9/20/23, at 1. -7- J-S24019-24 omitted
Source: CourtListener parenthetical corpus (CC0).
Judges: Garry, Lynch, Rose, Mulvey, Aarons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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