People v. Ruben Garcia, 2018 NY Slip Op 51863 (U)
Dec 20, 2018OUTCOME: Conviction Affirmed in the State of New York
The People of the State of New York, Respondent, v Ruben Garcia, Appellant. Stephen N. Preziosi, for appellant. Suffolk County District Attorney (Timothy P. Finnerty of counsel), for respondent. ... Appeal from a judgment of the District Court of Suffolk County, First District (Janine A. Barbera-Dalli, J.), rendered May 25, 2017. The judgment convicted defendant, upon a jury verdict, of sexual misconduct and sexual abuse in the second degree. ORDERED that the judgment of conviction is affirmed. Defendant was charged with sexual misconduct (Penal Law § 130.20 [1]) and sexual abuse in the second degree (Penal Law § 130.60 [2]), which charges stemmed from an allegation that defendant had engaged in sexual intercourse with [child reference redacted] without the victim's consent. Following a jury trial, defendant was convicted as charged and thereafter sentenced to one year of incarceration. --- Finally, defendant's sentence was not harsh or excessive. While defendant had no prior criminal history, in view of the young age of the victim, the heinous nature of the crime and defendant's complete lack of remorse, we discern no extraordinary circumstances or an abuse of discretion that would warrant modification of the court's imposition of the maximum permitted sentence (see People v Gooley, 156 AD3d 1231, 1234 [2017]; People v Adams, 135 AD3d 1154, 1158 [2016]; People v Balacky, 203 AD2d 471, 471 [1994]). Accordingly, the judgment of conviction is affirmed. TOLBERT, J.P., BRANDS and RUDERMAN, JJ., concur.