People v. Peters

Appellate Division of the Supreme Court of New York

People v. Peters

191 A.D.2d 329, 595 N.Y.S.2d 48, 1993 N.Y. App. Div. LEXIS 2582

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

DecidedMarch 18, 1993

StatusPublished

Cited by2 cases

This text of 191 A.D.2d 329 (People v. Peters) 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. Peters, 191 A.D.2d 329, 595 N.Y.S.2d 48, 1993 N.Y. App. Div. LEXIS 2582 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered November 14, 1991, sentencing defendant to 5 years’ probation, upon his conviction of criminal possession of a weapon in the third degree, unanimously affirmed.

The People’s argument that the sentence is invalid as a matter of law because the sentencing court made no finding of mitigating factors and undue harshness, as required by Penal Law § 70.02 (2) (c) (i), in imposing a sentence of probation, is unpreserved for appellate review, and we decline to reach it (cf., People v Proctor, 79 NY2d 992; People v Callahan, 80 NY2d 273, 281). If we were to reach the issue in the interest of justice, we would find that the sentencing court gave sufficient regard to all relevant information concerning the nature of the crime and the character of defendant, in particular, the presentence report and the letters the court received from the assistance program in which defendant participated. Further, the court’s postponement of sentencing, its repeated inquiries at sentencing as to whether defendant could maintain probation without violation, and its comment that defendant had successfully complied with the assistance program evidenced awareness of defendant’s circumstances. There being no error of law, this Court has no authority to interfere with the sentencing court’s discretion in imposing a probationary sentence (CPL 450.30 [2]; People v Washington, 175 AD2d 732, lv denied 78 NY2d 1082).

We have considered the People’s other claims and find them to be without merit. Concur — Rosenberger, J. P., Ellerin, Ross, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered November 14, 1991, sentencing defendant to 5 years’ probation, upon his conviction of criminal possession of a weapon in the third degree, unanimously affirmed.

The People’s argument that the sentence is invalid as a matter of law because the sentencing court made no finding of mitigating factors and undue harshness, as required by Penal Law § 70.02 (2) (c) (i), in imposing a sentence of probation, is unpreserved for appellate review, and we decline to reach it (cf., People v Proctor, 79 NY2d 992; People v Callahan, 80 NY2d 273, 281). If we were to reach the issue in the interest of justice, we would find that the sentencing court gave sufficient regard to all relevant information concerning the nature of the crime and the character of defendant, in particular, the presentence report and the letters the court received from the assistance program in which defendant participated. Further, the court’s postponement of sentencing, its repeated inquiries at sentencing as to whether defendant could maintain probation without violation, and its comment that defendant had successfully complied with the assistance program evidenced awareness of defendant’s circumstances. There being no error of law, this Court has no authority to interfere with the sentencing court’s discretion in imposing a probationary sentence (CPL 450.30 [2]; People v Washington, 175 AD2d 732, lv denied 78 NY2d 1082).

We have considered the People’s other claims and find them to be without merit. Concur — Rosenberger, J. P., Ellerin, Ross, Asch and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

191 A.D.2d 329, 595 N.Y.S.2d 48, 1993 N.Y. App. Div. LEXIS 2582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peters-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack