132 A.D.2d 668 | N.Y. App. Div. | 1987
Appeal by the defendant from a judgment of the County Court, Suffolk County (Floyd, J.), rendered April 11, 1986, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the
By not objecting to the court’s failure to charge the jury on the lesser included offense of assault in the third degree based on criminally negligent conduct, prior to deliberations, the defendant failed to properly preserve any error of law with respect thereto for review (CPL 300.50 [1]; People v Baker, 127 AD2d 601).
The fact that the sentence imposed after trial is greater than that offered as part of a plea bargain does not automatically establish that in determining the sentence, the trial court improperly increased the defendant’s punishment solely for asserting his right to trial (see, People v Patterson, 106 AD2d 520, 521). Instead, where the record establishes that the trial court applied the sentencing principles appropriate under the circumstances, including deterrence, rehabilitation, retribution, and isolation, the acceptable objectives of sentencing have been satisfied (People v Suitte, 90 AD2d 80). The defendant is not new to the law and stands convicted of a particularly heinous crime involving the scalding of an infant. Based upon our independent review of the factors to be considered, we find that the trial court properly exercised its discretion in imposing the maximum sentence in this case and the interest of justice does not call for a reduction. Mangano, J. P., Eiber, Sullivan and Harwood, JJ., concur.