Narrative Opinion Summary
Douglas L. Ogden appealed a sentence from the Dutchess County Court imposed on February 21, 2017, following his guilty plea. He argued that the sentence was excessive. The Appellate Division, Second Department, affirmed the sentence, stating that it was not excessive. The court referenced the precedent set in People v Suitte, 90 AD2d 80, to support its decision. The ruling was issued with concurrence from all judges present: Alan D. Scheinkman, John M. Leventhal, Betsy Barros, Francesca E. Connolly, and Angela G. Iannacci. The opinion was published by the New York State Law Reporting Bureau and is subject to revision before its official report.
Legal Issues Addressed
Appellate Review of Sentencingsubscribe to see similar legal issues
Application: The appellate court reviewed the sentence for excessiveness and determined it was not excessive, affirming the lower court's decision.
Reasoning: The Appellate Division, Second Department, affirmed the sentence, stating that it was not excessive.
Precedent in Sentencing Reviewsubscribe to see similar legal issues
Application: The court relied on established precedent to support its decision that the sentence was not excessive.
Reasoning: The court referenced the precedent set in People v Suitte, 90 AD2d 80, to support its decision.