People v. Creighton

Decision Date31 October 2002
Citation749 N.Y.S.2d 309,298 A.D.2d 774
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>WADE CREIGHTON, Appellant.
CourtNew York Supreme Court — Appellate Division

Crew III, J.P., Carpinello, Rose and Kane, JJ., concur.

Mugglin, J.

Defendant was charged in an indictment with the crimes of assault in the second degree and burglary in the second degree as a result of his having gone to the home of Jonathan McDonald, accompanied by friends, and engaging in a fight with McDonald, striking him in the head with a shovel. He ultimately pleaded guilty to burglary in the second degree in full satisfaction of this indictment. Two other pending indictments, one charging defendant with murder in the second degree (two counts) and robbery in the third degree, and a second charging him with attempted promoting prison contraband in the first degree, were disposed of in connection with the plea. The District Attorney noted during the plea proceedings that a conviction against defendant for the crime of murder was unlikely given the recantation of a key witness. Consequently, it was agreed that the indictment containing the murder charges would be encompassed by the plea and the father of the murder victim would be permitted to make a statement before the sentencing court. In addition, it was agreed that defendant would receive a determinate prison term of between 3½ and 15 years, and would waive his right to appeal with respect to the plea.

At sentencing, the murder victim's father made a statement to County Court urging imposition of the maximum sentence. The court sentenced defendant to a determinate term of 10 years in prison, followed by a five-year period of postrelease supervision. In addition, the court entered a permanent order of protection in favor of Jessica Vallance, a witness for the prosecution in the murder case, and her immediate family members, which was to remain in effect until January 1, 2015. The court also entered a permanent order of protection in favor of Veronica Barkley and Mike Barkley, McDonald's mother and stepfather, and their immediate family members, which was to remain in effect until January 1, 2015. Defendant now appeals.

Initially, defendant contends that the 10-year prison term is harsh and excessive and that County Court improperly considered the murder charge in imposing it. Based upon our review of the record, we disagree. In imposing sentence, County Court indicated that it had considered the presentence investigation report, the memorandum as an aid to sentencing prepared by defendant, defendant's criminal record and his history of substance abuse. The presentence investigation report detailed the heinous nature of the burglary, involving the brutal beating of McDonald at his home which caused him injury. It further outlined defendant's extensive criminal record, consisting mainly of violent and drug-related offenses. In light of this and the fact that the 10-year prison term was well within the parameters of the plea agreement and less than the maximum sentence authorized by statute (see Penal Law § 70.02 [1] [b]; [2] [a]; § 70.06 [6] [b]), we find no extraordinary circumstances warranting a reduction in the interest of justice (see People v Mayerhofer, 283 AD2d 672, 675; People v Torres, 262 AD2d 669, 669, lv denied 93 NY2d 1028). The fact that the murder victim's father made a statement at sentencing does not establish that the court considered inappropriate factors in imposing sentence since this was an agreed condition of the plea.

Defendant further contends that both orders of protection violate CPL 530.13 (4). Due to amendments ...

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8 cases
  • People v. Hanniford
    • United States
    • New York Supreme Court — Appellate Division
    • July 31, 2019
    ...989 N.Y.S.2d 753, affd 24 N.Y.3d 1196, 27 N.E.3d 469 ; People v. Raduns, 70 A.D.3d 1355, 1355, 896 N.Y.S.2d 541 ; People v. Creighton, 298 A.D.2d 774, 774–776, 749 N.Y.S.2d 309 ). The persons in whose favor the court issued an order of protection were the owners of certain stolen property t......
  • People v. Somerville
    • United States
    • New York Supreme Court — Appellate Division
    • April 15, 2010
    ...to in the statute must be those who actually witnessed the offense for which defendant was convicted ( see People v. Creighton, 298 A.D.2d 774, 776, 749 N.Y.S.2d 309 [2002] ), rather than simply all witnesses who testified at trial. Although the testimony of Regina Coley, Barbara Randall, M......
  • People v. Panetta
    • United States
    • New York City Court
    • August 30, 2013
    ...(4th Dept., 2003) [vacating order of protection issued in favor of party not covered by CPL § 530.12(5) ]; People v. Creighton, 298 A.D.2d 774, 776, 749 N.Y.S.2d 309 (3d Dept., 2002) [orders of protection issued to witness of unrelated crime and to family member not specifically named by co......
  • People v. Daniel A.
    • United States
    • New York Supreme Court — Appellate Division
    • May 27, 2020
    ...; People v. Cooke, 119 A.D.3d 1399, 1401, 989 N.Y.S.2d 753, affd 24 N.Y.3d 1196, 3 N.Y.S.3d 755, 27 N.E.3d 469 ; People v. Creighton, 298 A.D.2d 774, 776, 749 N.Y.S.2d 309 ). Accordingly, contrary to the defendant's contention, the court had the authority to issue an order of protection in ......
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