PEOPLE v. MARTINEZ


144 A.D.2d 978 (1988)

The People of the State of New York, Respondent, v. Rafael Martinez, Appellant

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

November 15, 1988


Judgment unanimously affirmed.

Memorandum:

Defendant's claim that the court abused its discretion in refusing to impose "shock" probation as a sentence is without merit. The court determined that defendant's lengthy arrest record, history of prior convictions and commission of the subject crime while on probation warranted the imposition of an indeterminate term of imprisonment. Under the circumstances, we see no reason to disturb the court's exercise of discretion...

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