People v. Pedraza, 66 N.Y.2d 626

OPINION OF THE COURT

Order affirmed. It is clear from this record that the sentencing court did consider "the nature and circumstances of the crime and * * * the history and character of the defendant” (Penal Law § 70.02 [2] [c] [i]), correctly including whether, in view of defendant’s physical condition, a sentence of imprisonment would be "unduly harsh”. Thus, it cannot be said that the court failed to exercise its discretion or abused that discretion as a matter of law.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

Case Details

Case Name: People v. Pedraza

Court Name: New York Court of Appeals

Date Published: Oct 8, 1985

Citations: 66 N.Y.2d 626; 485 N.E.2d 237; 495 N.Y.S.2d 30; 1985 N.Y. LEXIS 17153

Court Abbreviation: N.Y.