People v. Gernstl

Appellate Division of the Supreme Court of New York

People v. Gernstl

214 A.D.2d 1049, 627 N.Y.S.2d 603, 1995 N.Y. App. Div. LEXIS 6896

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

DecidedApril 28, 1995

StatusPublished

This text of 214 A.D.2d 1049 (People v. Gernstl) 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. Gernstl, 214 A.D.2d 1049, 627 N.Y.S.2d 603, 1995 N.Y. App. Div. LEXIS 6896 (N.Y. Ct. App. 1995).

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Opinion

Judgment unanimously affirmed. Memorandum: We are unpersuaded that the sentence is unduly harsh or severe. Upon considering, "among other things, the crime charged, the particular cir[1050]*1050cumstances of the individual before the court and the purpose of a penal sanction,” we perceive no abuse of discretion warranting a reduction of the sentence (People v Farrar, 52 NY2d 302, 305).

We have previously indicated that it is inappropriate for the District Attorney to fail to file a brief in opposition to defendant’s arguments and in support of the judgment of conviction unless the appeal is from a judgment that the District Attorney concedes should be reversed (see, People v Collier, 204 AD2d 1064, lv denied 84 NY2d 824; People v Dutcher, 192 AD2d 1093, lv denied 81 NY2d 1072). (Appeal from Judgment of Wyoming County Court, Dadd, J.—Assault, 2nd Degree.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: We are unpersuaded that the sentence is unduly harsh or severe. Upon considering, "among other things, the crime charged, the particular cir[1050]*1050cumstances of the individual before the court and the purpose of a penal sanction,” we perceive no abuse of discretion warranting a reduction of the sentence (People v Farrar, 52 NY2d 302, 305).

We have previously indicated that it is inappropriate for the District Attorney to fail to file a brief in opposition to defendant’s arguments and in support of the judgment of conviction unless the appeal is from a judgment that the District Attorney concedes should be reversed (see, People v Collier, 204 AD2d 1064, lv denied 84 NY2d 824; People v Dutcher, 192 AD2d 1093, lv denied 81 NY2d 1072). (Appeal from Judgment of Wyoming County Court, Dadd, J.—Assault, 2nd Degree.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.

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Bluebook (online)

214 A.D.2d 1049, 627 N.Y.S.2d 603, 1995 N.Y. App. Div. LEXIS 6896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gernstl-nyappdiv-1995.

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