People v. Pedraza
| Decision Date | 08 October 1985 |
| Citation | 66 N.Y.2d 626,485 N.E.2d 237,495 N.Y.S.2d 30 |
| Parties | , 485 N.E.2d 237 The PEOPLE of the State of New York, Respondent, v. Armando PEDRAZA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Jonathan H. Oberman and William E. Hellerstein, New York City, for appellant.
Mario Merola, Dist. Atty. (Michael J. Eng and Billie Manning, New York City of counsel), for respondent.
Prior report: 107 A.D.2d 572, 483 N.Y.S.2d 699 (1985).
Order affirmed. It is clear from this record that the sentencing court did consider "the nature and circumstances of the crime and * * * the history and character of the defendant" (Penal Law sec. 70.02), correctly including whether, in view of defendant's physical condition, a sentence of imprisonment would be "unduly harsh". Thus, it cannot be said that the court failed to exercise its discretion or abused that discretion as a matter of law.
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