People v. Brewer

Appellate Division of the Supreme Court of New York

People v. Brewer

109 A.D.2d 1077, 487 N.Y.S.2d 187, 1985 N.Y. App. Div. LEXIS 47565

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

DecidedMarch 1, 1985

StatusPublished

Cited by1 cases

This text of 109 A.D.2d 1077 (People v. Brewer) 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. Brewer, 109 A.D.2d 1077, 487 N.Y.S.2d 187, 1985 N.Y. App. Div. LEXIS 47565 (N.Y. Ct. App. 1985).

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Opinion

— Judgment unanimously modified, as a matter of discretion in the interest of justice, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction stems from his entering a room in a Syracuse University dormitory and taking a purse. Immediately thereafter, the victim confronted defendant in a hallway of the dormitory and demanded the return of her purse. Defendant complied without incident. Nothing had been removed from the purse. The record discloses sufficient evidence to support the conviction and we find no error in the charge of the court.

While defendant has had numerous contacts with the law since an early age, his convictions were largely of nonviolent petty offenses with the exception of a felony conviction of burglary in 1981. His present crime was committed while he was on parole from that conviction. Nevertheless, under the circumstances, we feel that the imposition of a sentence of 6 to 12 years [1078]*1078for this crime was unduly harsh and accordingly modify the sentence to 3 to 6 years. (Appeal from judgment of Onondaga County Court, Mordue, J. —- burglary, second degree.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.

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— Judgment unanimously modified, as a matter of discretion in the interest of justice, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction stems from his entering a room in a Syracuse University dormitory and taking a purse. Immediately thereafter, the victim confronted defendant in a hallway of the dormitory and demanded the return of her purse. Defendant complied without incident. Nothing had been removed from the purse. The record discloses sufficient evidence to support the conviction and we find no error in the charge of the court.

While defendant has had numerous contacts with the law since an early age, his convictions were largely of nonviolent petty offenses with the exception of a felony conviction of burglary in 1981. His present crime was committed while he was on parole from that conviction. Nevertheless, under the circumstances, we feel that the imposition of a sentence of 6 to 12 years [1078]*1078for this crime was unduly harsh and accordingly modify the sentence to 3 to 6 years. (Appeal from judgment of Onondaga County Court, Mordue, J. —- burglary, second degree.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.

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Bluebook (online)

109 A.D.2d 1077, 487 N.Y.S.2d 187, 1985 N.Y. App. Div. LEXIS 47565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brewer-nyappdiv-1985.

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