People v Bartolillo
2008 NY Slip Op 00381 [47 AD3d 1122]
January 24, 2008
Appellate Division, Third Department
As corrected through Wednesday, March 12, 2008


The People of the State of New York, Respondent, v Dude T.Bartolillo, Appellant.

[*1]Gregory Kottmeier, Delhi, for appellant.

Richard D. Northrup Jr., District Attorney, Delhi (John L. Hubbard of counsel), forrespondent.

Appeal from a judgment of the County Court of Delaware County (Becker, J.), renderedSeptember 11, 2006, upon a verdict convicting defendant of the crimes of rape in the first degreeand criminal sexual act in the first degree.

Defendant was convicted following a jury trial of rape in the first degree and criminal sexualact in the first degree. County Court thereafter sentenced him to concurrent terms ofimprisonment of 15 years, with five years of postrelease supervision. Defendant now appeals.

We reject defendant's contention that the sentence imposed is harsh and excessive. Notingthe serious nature of the crimes committed, along with defendant's apparent failure to acceptresponsibility for his actions or demonstrate any remorse, we discern neither an abuse ofdiscretion by County Court nor the existence of any extraordinary circumstances warranting amodification of the sentence (see Peoplev Wallis, 24 AD3d 1029, 1033 [2005]). Accordingly, the judgment is affirmed.

Mercure, J.P., Peters, Spain, Kane and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.


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