People v. Pellechia, 85 A.D.3d 1494 (N.Y. App. Div. 3d Dep't 2011). · Go Syfert
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People v. Pellechia, 85 A.D.3d 1494 (N.Y. App. Div. 3d Dep't 2011). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Matter of Jahari BB. v. Zada CC., 2024 NY Slip Op 05922 (N.Y. App. Div. 3d Dep't 2024)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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At page 1494 cited at this page1 citing case
  • People v. Clark, 2018 NY Slip Op 1512 (N.Y. App. Div. 3d Dep't 2018).published
    In view of this, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice ( see People v Pellechia , 85 AD3d 1494, 1494 [2011]; People v Smith , 276 AD2d 833, 833 […
At page 1496 cited at this page1 citing case
  • Matter of Jahari BB. v. Zada CC., 2024 NY Slip Op 05922 (N.Y. App. Div. 3d Dep't 2024).published 2 cites
    "Rather, the parent's decision to relocate, as well as 'the effect an award of custody would have on the child's relationship with the noncustodial parent,' are other relevant factors to consider" ( Matter of Baker v Spurgeon , 85 AD3d at…
At page 1497 cited at this page1 citing case
  • Matter of Edwards v. Ferris, 2021 NY Slip Op 04306 (N.Y. App. Div. 4th Dep't 2021).published
    Although the court did not countenance the mother's decision to relocate without permission, "it was the father's [violent] conduct that prompted [her] move to [Arizona] in the first instance and triggered the resulting disruption of his r…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Arthur W. Pellechia
Appellate Division of the Supreme Court of the State of New York.
Jun 30, 2011.
Published opinion
85 A.D.3d 1494
Cited by 1 opinion  |  Published

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered March 5, 2010, convicting defendant upon his plea of guilty of the crimes of attempted assault in the second degree and resisting arrest.

In satisfaction of a five-count indictment, defendant pleaded guilty to attempted assault in the second degree and resisting arrest and was sentenced as a second felony offender to an agreed-upon aggregate prison term of 2 to 4 years. Defendant appeals, solely contesting the severity of his sentence. Because defendant received the sentence for which he bargained, and based on the nature of the offenses committed, the fact that he was on parole at the time and his history of violent crimes, we can see no extraordinary circumstances or abuse of discretion that would warrant a reduction of defendant’s sentence (see CPL 470.15 [6] [b]; People v Evans, 81 AD3d 1040, 1041-1042 [2011]; People v Andrews, 78 AD3d 1229, 1233 [2010], lv denied 16 NY3d 827 [2011]).

Rose, J.P., Lahtinen, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.