People v. Padworski

Appellate Division of the Supreme Court of New York

People v. Padworski

91 A.D.3d 523, 936 N.Y.2d 541

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

DecidedJanuary 19, 2012

StatusPublished

This text of 91 A.D.3d 523 (People v. Padworski) 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. Padworski, 91 A.D.3d 523, 936 N.Y.2d 541 (N.Y. Ct. App. 2012).

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Opinion

This Court had previously remitted this matter to the Supreme Court for a violation of probation hearing (63 AD3d 558 [2009]). The court conducted a hearing and correctly determined that defendant had violated probation. However, in light of all the circumstances of the case we find the sentence excessive to the extent indicated.

The arguments in defendant’s pro se supplemental brief do not warrant any remedy other than the indicated reduction of sentence. Concur — Andrias, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.

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This Court had previously remitted this matter to the Supreme Court for a violation of probation hearing (63 AD3d 558 [2009]). The court conducted a hearing and correctly determined that defendant had violated probation. However, in light of all the circumstances of the case we find the sentence excessive to the extent indicated.

The arguments in defendant’s pro se supplemental brief do not warrant any remedy other than the indicated reduction of sentence. Concur — Andrias, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.

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Bluebook (online)

91 A.D.3d 523, 936 N.Y.2d 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-padworski-nyappdiv-2012.