PEOPLE v. SPARLIN


206 A.D.2d 883 (1994)

616 N.Y.S.2d 312

The People of the State of New York, Respondent, v. Richard S. Sparlin, Appellant

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

July 15, 1994


Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him of attempted rape in the first degree, defendant contends that the sentence imposed is harsh and excessive. We disagree. Upon considering the cruel nature of defendant's conduct and the fact that the victim was a six-year-old child, we decline, as a matter of discretion in the interest of justice, to modify the sentence (see, CPL 470.15 [6] [b]). We have reviewed the...

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