People v. Gasbarro

New York Court of Appeals

People v. Gasbarro

494 N.E.2d 109, 67 N.Y.2d 1002, 502 N.Y.S.2d 1004, 1986 N.Y. LEXIS 18609

CourtNew York Court of Appeals

DecidedMay 8, 1986

StatusPublished

Cited by1 cases

This text of 494 N.E.2d 109 (People v. Gasbarro) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gasbarro, 494 N.E.2d 109, 67 N.Y.2d 1002, 502 N.Y.S.2d 1004, 1986 N.Y. LEXIS 18609 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for the reasons stated in the memorandum at the Appellate Division (114 AD2d 594). We would only add that People v Tindle (61 NY2d 752) does not compel a different result inasmuch as the prosecutor in that case actually made a recommendation that the court consider the severity of defendant’s criminal conduct in imposing sentence (cf. People v Torres, 67 NY2d 659, modfg 108 AD2d 680).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for the reasons stated in the memorandum at the Appellate Division (114 AD2d 594). We would only add that People v Tindle (61 NY2d 752) does not compel a different result inasmuch as the prosecutor in that case actually made a recommendation that the court consider the severity of defendant’s criminal conduct in imposing sentence (cf. People v Torres, 67 NY2d 659, modfg 108 AD2d 680).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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Bluebook (online)

494 N.E.2d 109, 67 N.Y.2d 1002, 502 N.Y.S.2d 1004, 1986 N.Y. LEXIS 18609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gasbarro-ny-1986.

Opinion

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