People v. Garvey

Appellate Division of the Supreme Court of New York

People v. Garvey

115 A.D.2d 618, 496 N.Y.S.2d 963, 1985 N.Y. App. Div. LEXIS 55046

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

DecidedDecember 16, 1985

StatusPublished

Cited by1 cases

This text of 115 A.D.2d 618 (People v. Garvey) 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. Garvey, 115 A.D.2d 618, 496 N.Y.S.2d 963, 1985 N.Y. App. Div. LEXIS 55046 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Fiber, J.), rendered February 25, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court’s Sandoval ruling was proper. It reflected due consideration of the criteria set out in People v Sandoval (34 NY2d 371) and successfully balanced the competing interests of the defendant and the People. In addition, we conclude that the imposed sentence of 5 to 10 years’ imprisonment on the defendant’s burglary conviction was not unduly harsh or excessive and did not constitute an abuse of the sentencing court’s discretion (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Gibbons, Brown and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Fiber, J.), rendered February 25, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court’s Sandoval ruling was proper. It reflected due consideration of the criteria set out in People v Sandoval (34 NY2d 371) and successfully balanced the competing interests of the defendant and the People. In addition, we conclude that the imposed sentence of 5 to 10 years’ imprisonment on the defendant’s burglary conviction was not unduly harsh or excessive and did not constitute an abuse of the sentencing court’s discretion (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Gibbons, Brown and Niehoff, JJ., concur.

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Bluebook (online)

115 A.D.2d 618, 496 N.Y.S.2d 963, 1985 N.Y. App. Div. LEXIS 55046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garvey-nyappdiv-1985.

Opinion

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