People v. DeLeon

Appellate Division of the Supreme Court of New York

People v. DeLeon

209 A.D.2d 276, 619 N.Y.S.2d 536, 1994 N.Y. App. Div. LEXIS 11313

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

DecidedNovember 15, 1994

StatusPublished

This text of 209 A.D.2d 276 (People v. DeLeon) 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. DeLeon, 209 A.D.2d 276, 619 N.Y.S.2d 536, 1994 N.Y. App. Div. LEXIS 11313 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered June 26, 1992, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 12 Vi to 25 years, unanimously modified, to reduce the defendant’s sentence to concurrent terms of 4 Vi to 9 years, and otherwise affirmed.

Given all of the facts and circumstances involved here, we find that the defendant’s sentence of concurrent terms of 12 Vi to 25 years, the maximum permitted by law, was excessive and unduly harsh (People v Acosta, 180 AD2d 505, lv denied 80 NY2d 827), and we reduce it to concurrent terms of 4½ to 9 years.

We have considered the other contentions of the defendant and find that they do not warrant reversal. Concur—Carro, J. P., Rosenberger, Ellerin, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered June 26, 1992, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 12 Vi to 25 years, unanimously modified, to reduce the defendant’s sentence to concurrent terms of 4 Vi to 9 years, and otherwise affirmed.

Given all of the facts and circumstances involved here, we find that the defendant’s sentence of concurrent terms of 12 Vi to 25 years, the maximum permitted by law, was excessive and unduly harsh (People v Acosta, 180 AD2d 505, lv denied 80 NY2d 827), and we reduce it to concurrent terms of 4½ to 9 years.

We have considered the other contentions of the defendant and find that they do not warrant reversal. Concur—Carro, J. P., Rosenberger, Ellerin, Nardelli and Tom, JJ.

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Bluebook (online)

209 A.D.2d 276, 619 N.Y.S.2d 536, 1994 N.Y. App. Div. LEXIS 11313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deleon-nyappdiv-1994.

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