People v. Cabassa

Appellate Division of the Supreme Court of New York

People v. Cabassa

302 A.D.2d 252, 754 N.Y.S.2d 537, 2003 N.Y. App. Div. LEXIS 1469

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

DecidedFebruary 18, 2003

StatusPublished

This text of 302 A.D.2d 252 (People v. Cabassa) 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. Cabassa, 302 A.D.2d 252, 754 N.Y.S.2d 537, 2003 N.Y. App. Div. LEXIS 1469 (N.Y. Ct. App. 2003).

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Opinion

Judgment of resentence, Supreme Court, New York County (Paul Bookson, J., at jury trial and sentence; John Cataldo, J., at resentence), rendered January 4, 2001, convicting defendant of criminal sale of a controlled substance in the first degree, and resentencing him to a term of 17V4 years to life, unanimously affirmed.

Defendant’s resentence was not based on any improper criteria and we perceive no basis for reducing it. The resentencing court properly exercised its discretion to consider reliable factual information derived from defendant’s federal case, notwithstanding that his federal conviction was reversed on Fourth Amendment grounds (see United States v Schipani, 435 F2d 26 [2d Cir 1970]). Concur — Andrias, J.P., Sullivan, Rosenberger, Friedman and Gonzalez, JJ.

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Judgment of resentence, Supreme Court, New York County (Paul Bookson, J., at jury trial and sentence; John Cataldo, J., at resentence), rendered January 4, 2001, convicting defendant of criminal sale of a controlled substance in the first degree, and resentencing him to a term of 17V4 years to life, unanimously affirmed.

Defendant’s resentence was not based on any improper criteria and we perceive no basis for reducing it. The resentencing court properly exercised its discretion to consider reliable factual information derived from defendant’s federal case, notwithstanding that his federal conviction was reversed on Fourth Amendment grounds (see United States v Schipani, 435 F2d 26 [2d Cir 1970]). Concur — Andrias, J.P., Sullivan, Rosenberger, Friedman and Gonzalez, JJ.

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Bluebook (online)

302 A.D.2d 252, 754 N.Y.S.2d 537, 2003 N.Y. App. Div. LEXIS 1469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cabassa-nyappdiv-2003.