People v. Benston

Appellate Division of the Supreme Court of New York

People v. Benston

299 A.D.2d 492, 749 N.Y.S.2d 882

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 2002

StatusPublished

This text of 299 A.D.2d 492 (People v. Benston) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Benston, 299 A.D.2d 492, 749 N.Y.S.2d 882 (N.Y. Ct. App. 2002).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered November 6, 2000, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 10 years imprisonment.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of eight years imprisonment; as so modified, the judgment is affirmed.

Under the particular circumstances of this case, it is appropriate to reduce the defendant’s sentence to the minimum, a determinate term of eight years imprisonment. Florio, J.P., S. Miller, Adams and Crane, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered November 6, 2000, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 10 years imprisonment.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of eight years imprisonment; as so modified, the judgment is affirmed.

Under the particular circumstances of this case, it is appropriate to reduce the defendant’s sentence to the minimum, a determinate term of eight years imprisonment. Florio, J.P., S. Miller, Adams and Crane, JJ., concur.

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Bluebook (online)

299 A.D.2d 492, 749 N.Y.S.2d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benston-nyappdiv-2002.