Legal Opinion

People v. Overton

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1994PublishedCited by 1 opinion

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

  1. People v. PenaNew York Court of Appeals · 1980
  2. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. People v. JamesAppellate Division of the Supreme Court of the State of New York · 2002

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