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People v. Burke

349 N.E.2d 870, 39 N.Y.2d 729, 384 N.Y.S.2d 770, 1976 N.Y. LEXIS 2690
CourtNew York Court of Appeals
DecidedApril 6, 1976
StatusPublished
Cited by6 cases

This text of 349 N.E.2d 870 (People v. Burke) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Burke, 349 N.E.2d 870, 39 N.Y.2d 729, 384 N.Y.S.2d 770, 1976 N.Y. LEXIS 2690 (N.Y. 1976).

Opinions

Order affirmed in the following memorandum: The order of the Appellate Division should be affirmed on the ground that at sentencing the Assistant District Attorney gave his reasons for recommending a minimum sentence, namely, the commission of the crime by knife, the stabbing of the victim because he did not pay the money over fast enough, and that the defendant had a record. Notably the court imposed the mini[731]*731mum sentence (with a maximum less than that recommended by the Assistant District Attorney) within seconds after the statement by the Assistant District Attorney. Consequently, it is inferable from its more conclusory recital that the court was incorporating the assistant’s references. There was therefore substantial compliance with the statute and its salutary purposes.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg dissents and votes to reverse in the following opinion.

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Related

People v. Walker
633 N.E.2d 472 (New York Court of Appeals, 1994)
People v. Miller
79 A.D.2d 579 (Appellate Division of the Supreme Court of New York, 1980)
Russo v. New York State Board of Parole
98 Misc. 2d 251 (New York Supreme Court, 1979)
People v. Esteves
41 N.Y. 826 (New York Court of Appeals, 1977)
People v. Britt
52 A.D.2d 811 (Appellate Division of the Supreme Court of New York, 1976)
People v. Burke
349 N.E.2d 870 (New York Court of Appeals, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
349 N.E.2d 870, 39 N.Y.2d 729, 384 N.Y.S.2d 770, 1976 N.Y. LEXIS 2690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burke-ny-1976.