PEOPLE v. JAGNJIC


85 A.D.2d 135 (1982)

The People of the State of New York, Respondent, v. Ivan Jagnjic, Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 25, 1982


Attorney(s) appearing for the Case

Eve Cary of counsel (William E. Hellerstein, attorney), for defendant-appellant.

David H. Fromm of counsel (Mario Merola, District Attorney, attorney), for respondent.

BLOOM, J., concurs with KUPFERMAN, J.; SANDLER, J., concurs in an opinion; MURPHY, P. J., and LUPIANO, J., dissent in separate opinions.


KUPFERMAN, J.

This is a most difficult situation where a heinous crime was committed with undoubted consequent traumatic effect upon the victim. On the other hand, from the information made available to us, except for this aberrational event, the defendant seems not to have a record of any kind and to be an industrious person with a family which he supports. The negotiated plea provided for an indeterminate term of imprisonment of not less than 5 years...

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