People v. Anderson, 52 A.D.2d 700 (N.Y. App. Div. 1976). · Go Syfert
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People v. Anderson, 52 A.D.2d 700 (N.Y. App. Div. 1976). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Niagara Frontier Transit System, Inc. v. State (nyappdiv, 1977-04-07)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Niagara Frontier Transit System, Inc. v. State
N.Y. App. Div. · 1977 · signal: see also · confidence low
Claimant has failed to show that the plan to maintain vehicular and bus traffic on the Church Street Arterial was either evolved without adequate study or lacked a reasonale basis and, therefore, the wisdom of such plan may not be questioned nor may this exercise of governmental discretion give rise to liability in negligence (Weiss v Fote, 7 NY2d 579 , supra; see, also, Barnard v State of New York, 52 AD2d 700, 701 ; Matter of Karras v State of New York, 48 AD2d 748 ; Jones v State of New York, 40 AD2d 227, 229 ).
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The People of the State of New York
v.
James Robert Anderson
Appellate Division of the Supreme Court of the State of New York.
Apr 29, 1976.
52 A.D.2d 700
1976 N.Y. App. Div. LEXIS 12379
Published

Appeal from a judgment of the County Court of Chemung County, rendered July 28, 1975, convicting defendant on his plea of guilty to the crime of sodomy in the second degree. Defendant contends that his sentence as a second felony offender to an indeterminate term of imprisonment of two to four years was excessive. Under the circumstances of this case, where the defendant was permitted to plead to second degree sodomy in satisfaction of an indictment charging him with five separate counts of sodomy and had previously been convicted of sodomy in 1969, and was subject to a maximum sentence of three and one-half to seven years, the sentence herein constituted a proper exercise of discretion on the part of the trial court and should not be disturbed. Judgment affirmed. Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.