People v. Overton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Feldman, J.), imposed March 2, 1993, upon his conviction of murder in. the second degree, upon a jury verdict.
Ordered that the sentence is affirmed.
There is absolutely no evidence in the record supporting the defendant’s contention that he was impermissibly penalized for exercising his right to a trial (see, People v Pena, 50 NY2d 400). It is firmly established that sentences imposed after a trial may be more severe than those offered in exchange for a guilty plea (see, People v Clarke, 195…
2Cases cited3 opinions
- People v. PenaNew York Court of Appeals · 1980
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2002