Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York, Respondent, v. Richard E. RIEDER, Appellant.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 13, 2002, convicting defendant upon his plea of guilty of two counts of the crime of rape in the third degree.
Defendant waived indictment and pleaded guilty to two counts of rape in the third degree in satisfaction of a superior court information charging him with those crimes, as well as rape in the second degree. In accordance with the plea agreement, he was sentenced as a second felony offender to consecutive prison terms of 1 1/212 to 3 years. He now appeals, arguing that the sentence is harsh and excessive and that the prison terms should have been made to run concurrently.
Based upon our review of the record, we find no abuse of discretion or extraordinary circumstance warranting modification of the sentence in the interest of justice (see People v. MacGilfrey, 288 A.D.2d 554, 556, 733 N.Y.S.2d 254 [2001], lv. denied 97 N.Y.2d 757, 742 N.Y.S.2d 617, 769 N.E.2d 363 [2002]; People v. Bonilla, 285 A.D.2d 746, 748, 728 N.Y.S.2d 557 [2001] ). Defendant admitted that he had sexual intercourse on at least two occasions with a mentally disabled 15-year-old neighbor, who he accused of “leading [him] on.” At the time of committing these acts, he was on probation upon his conviction of driving while intoxicated. Defendant has a fairly lengthy criminal record, with prior convictions for rape and sexual misconduct. In view of defendant's predatory conduct and failure to accept full responsibility for his behavior, we decline to disturb the sentence.
ORDERED that the judgment is affirmed.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: June 10, 2004
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)