People v. Kenyatta

Appellate Division of the Supreme Court of New York

People v. Kenyatta

52 A.D.2d 783, 383 N.Y.S.2d 20, 1976 N.Y. App. Div. LEXIS 12565

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

DecidedMay 11, 1976

StatusPublished

Cited by1 cases

This text of 52 A.D.2d 783 (People v. Kenyatta) 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.

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People v. Kenyatta, 52 A.D.2d 783, 383 N.Y.S.2d 20, 1976 N.Y. App. Div. LEXIS 12565 (N.Y. Ct. App. 1976).

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Opinions

Judgment rendered November 25, 1974, in the Supreme Court, Bronx County, convicting defendant-appellant upon a jury verdict of the crimes of attempted murder and possession of a weapon as a felony and sentencing him to concurrent indeterminate terms of imprisonment of from 21 years to life and seven years respectively, modified in the exercise of discretion to reduce the sentence for the attempted murder conviction to 15 years to life and as so modified the judgment is otherwise affirmed. Given the unusual background of this case and the apparent absence of any prior record, the sentence, although within prescribed statutory limits, seems unduly harsh. On the other hand, the finding of guilt being affirmed, any modification made here is restricted by statute. (Penal Law, §§ 125.27, 110.05, 70.00, subd 2, par [a]; § 70.00, subd 3, par [a], cl [i]) Concur—Stevens, P. J., Markewich and Murphy, JJ.; Silverman, J., concurs in a memorandum, and Nunez, J., dissents in part in a memorandum as follows:

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Judgment rendered November 25, 1974, in the Supreme Court, Bronx County, convicting defendant-appellant upon a jury verdict of the crimes of attempted murder and possession of a weapon as a felony and sentencing him to concurrent indeterminate terms of imprisonment of from 21 years to life and seven years respectively, modified in the exercise of discretion to reduce the sentence for the attempted murder conviction to 15 years to life and as so modified the judgment is otherwise affirmed. Given the unusual background of this case and the apparent absence of any prior record, the sentence, although within prescribed statutory limits, seems unduly harsh. On the other hand, the finding of guilt being affirmed, any modification made here is restricted by statute. (Penal Law, §§ 125.27, 110.05, 70.00, subd 2, par [a]; § 70.00, subd 3, par [a], cl [i]) Concur—Stevens, P. J., Markewich and Murphy, JJ.; Silverman, J., concurs in a memorandum, and Nunez, J., dissents in part in a memorandum as follows:

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Bluebook (online)

52 A.D.2d 783, 383 N.Y.S.2d 20, 1976 N.Y. App. Div. LEXIS 12565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kenyatta-nyappdiv-1976.

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