People v. Guerrazzi

Appellate Division of the Supreme Court of New York

People v. Guerrazzi

118 A.D.2d 868, 500 N.Y.S.2d 354, 1986 N.Y. App. Div. LEXIS 54725

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

DecidedMarch 31, 1986

StatusPublished

This text of 118 A.D.2d 868 (People v. Guerrazzi) 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. Guerrazzi, 118 A.D.2d 868, 500 N.Y.S.2d 354, 1986 N.Y. App. Div. LEXIS 54725 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered September 10, 1984, convicting her of burglary in the first degree, upon her plea of guilty, and imposing sentence of an indeterminate term of imprisonment of 4 to 12 years. The appeal brings up for review the denial (Hickman, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress her statements to the police.

Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of imprisonment of 2 to 6 years. As so modified, judgment affirmed.

The hearing court’s finding of fact that the defendant voluntarily accompanied a detective to the sheriff’s office, that she was free to leave at any time before making oral admissions, and that she was not denied the right to counsel and was not offered immunity, was supported by the evidence (see, People v Rhodes, 111 AD2d 194; People v Sanchez, 109 AD2d 761; People v Putland, 105 AD2d 199; People v Armstead, 98 AD2d 726).

However, we find the sentence imposed was excessive to the extent indicated. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.

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— Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered September 10, 1984, convicting her of burglary in the first degree, upon her plea of guilty, and imposing sentence of an indeterminate term of imprisonment of 4 to 12 years. The appeal brings up for review the denial (Hickman, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress her statements to the police.

Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of imprisonment of 2 to 6 years. As so modified, judgment affirmed.

The hearing court’s finding of fact that the defendant voluntarily accompanied a detective to the sheriff’s office, that she was free to leave at any time before making oral admissions, and that she was not denied the right to counsel and was not offered immunity, was supported by the evidence (see, People v Rhodes, 111 AD2d 194; People v Sanchez, 109 AD2d 761; People v Putland, 105 AD2d 199; People v Armstead, 98 AD2d 726).

However, we find the sentence imposed was excessive to the extent indicated. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.

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Bluebook (online)

118 A.D.2d 868, 500 N.Y.S.2d 354, 1986 N.Y. App. Div. LEXIS 54725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guerrazzi-nyappdiv-1986.

Opinion

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