People v. Castillo

Appellate Division of the Supreme Court of New York

People v. Castillo

70 A.D.2d 529, 415 N.Y.S.2d 1002, 1979 N.Y. App. Div. LEXIS 11886

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

DecidedMay 8, 1979

StatusPublished

This text of 70 A.D.2d 529 (People v. Castillo) 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. Castillo, 70 A.D.2d 529, 415 N.Y.S.2d 1002, 1979 N.Y. App. Div. LEXIS 11886 (N.Y. Ct. App. 1979).

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Opinion

—Judgment, Supreme Court, Bronx County, rendered May 9, 1978 convicting defendant of attempted burglary in the second degree and sentencing him to an indeterminate sentence of 0 to 7 years, unanimously affirmed. The sentence imposed, challenged as excessive on this appeal, appears to us to have represented an appropriate exercise of discretion. We do not approve the trial court’s allusion at the time of sentencing to the defendant’s refusal to acknowledge guilt. When the record is examined, however, it is apparent that this regrettable comment was simply an additional support for a sentencing judgment that was based on other and appropriate considerations. Concur—Sandler, J. P., Sullivan, Bloom, Markewich and Silverman, JJ.

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—Judgment, Supreme Court, Bronx County, rendered May 9, 1978 convicting defendant of attempted burglary in the second degree and sentencing him to an indeterminate sentence of 0 to 7 years, unanimously affirmed. The sentence imposed, challenged as excessive on this appeal, appears to us to have represented an appropriate exercise of discretion. We do not approve the trial court’s allusion at the time of sentencing to the defendant’s refusal to acknowledge guilt. When the record is examined, however, it is apparent that this regrettable comment was simply an additional support for a sentencing judgment that was based on other and appropriate considerations. Concur—Sandler, J. P., Sullivan, Bloom, Markewich and Silverman, JJ.

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Bluebook (online)

70 A.D.2d 529, 415 N.Y.S.2d 1002, 1979 N.Y. App. Div. LEXIS 11886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castillo-nyappdiv-1979.