People v. Fulton

Appellate Division of the Supreme Court of New York

People v. Fulton

124 A.D.3d 415, 997 N.Y.S.2d 625

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

DecidedJanuary 6, 2015

Docket13884 1042/10

StatusPublished

This text of 124 A.D.3d 415 (People v. Fulton) 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. Fulton, 124 A.D.3d 415, 997 N.Y.S.2d 625 (N.Y. Ct. App. 2015).

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Opinion

*416 Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 15, 2013, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of five years, with three years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 3V2 years, and otherwise affirmed.

Defendant’s appeal waiver did not encompass the issue of the severity of a potential enhanced sentence. We find the sentence excessive to the extent indicated.

Concur- — Mazzarelli, J.P., DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.

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*416 Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 15, 2013, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of five years, with three years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 3V2 years, and otherwise affirmed.

Defendant’s appeal waiver did not encompass the issue of the severity of a potential enhanced sentence. We find the sentence excessive to the extent indicated.

Concur- — Mazzarelli, J.P., DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.

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Bluebook (online)

124 A.D.3d 415, 997 N.Y.S.2d 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fulton-nyappdiv-2015.