AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LISA BRADEN, Appellant.

After a jury found her guilty of criminally negligent homicide, defendant was sentenced to a prison term of 1 1/3 to 4 years. Defendant's only contention on appeal is that County Court abused its discretion in imposing the harshest sentence possible because, among other things, the court did not adequately address her mental and emotional needs. However, a review of the sentencing minutes reveals that County Court took into account the nature and circumstances of the crime, and carefully considered the history and character of defendant. At no time during the proceedings did defendant accept blame for what occurred, instead attributing the tragedy to the failure of the Department of Social Services and the medical profession. In view of all the circumstances, it cannot be concluded that County Court failed to "`perform the delicate balancing necessary to accommodate the public and private interests' in determining the appropriate sentence" (People v Andrews, 115 A.D.2d 807, quoting People v Farrar, 52 N.Y.2d 302, 306; see also, People v Hochberg, 62 A.D.2d 239, 251).

Judgment affirmed. Casey, J.P., Weiss, Mikoll, Levine and Crew III, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BRADEN
(May 16, 1991)