People v. Melendez

Appellate Division of the Supreme Court of New York

People v. Melendez

129 A.D.2d 449, 514 N.Y.S.2d 20, 1987 N.Y. App. Div. LEXIS 45157

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

DecidedApril 9, 1987

StatusPublished

Cited by1 cases

This text of 129 A.D.2d 449 (People v. Melendez) 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. Melendez, 129 A.D.2d 449, 514 N.Y.S.2d 20, 1987 N.Y. App. Div. LEXIS 45157 (N.Y. Ct. App. 1987).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 27, 1985, which convicted defendant, upon his plea of guilty, of the [450]*450crime of manslaughter in the first degree (Penal Law § 125.20), and sentenced him to an indeterminate term of imprisonment of from 8 Vs to 25 years, is unanimously modified, as a matter of discretion in the interest of justice, only to the extent of reducing the sentence to an indeterminate term of imprisonment of from 4 to 12 years, and otherwise affirmed.

We find the sentence to be excessive, as our examination of the record indicates that defendant, who is 50 years of age, with a steady record of employment, and who has no prior record, appears to be one who possesses the potential to be a productive and law-abiding member of society. Concur—Kupferman, J. P., Ross, Carro, Rosenberger and Wallach, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 27, 1985, which convicted defendant, upon his plea of guilty, of the [450]*450crime of manslaughter in the first degree (Penal Law § 125.20), and sentenced him to an indeterminate term of imprisonment of from 8 Vs to 25 years, is unanimously modified, as a matter of discretion in the interest of justice, only to the extent of reducing the sentence to an indeterminate term of imprisonment of from 4 to 12 years, and otherwise affirmed.

We find the sentence to be excessive, as our examination of the record indicates that defendant, who is 50 years of age, with a steady record of employment, and who has no prior record, appears to be one who possesses the potential to be a productive and law-abiding member of society. Concur—Kupferman, J. P., Ross, Carro, Rosenberger and Wallach, JJ.

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Bluebook (online)

129 A.D.2d 449, 514 N.Y.S.2d 20, 1987 N.Y. App. Div. LEXIS 45157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-melendez-nyappdiv-1987.

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