People v. Skeffery

Appellate Division of the Supreme Court of New York

People v. Skeffery

188 A.D.2d 438, 591 N.Y.S.2d 1012, 1992 N.Y. App. Div. LEXIS 14743

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

DecidedDecember 29, 1992

StatusPublished

Cited by6 cases

This text of 188 A.D.2d 438 (People v. Skeffery) 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. Skeffery, 188 A.D.2d 438, 591 N.Y.S.2d 1012, 1992 N.Y. App. Div. LEXIS 14743 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 21, 1990, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree and bail jumping in the first degree, and sentencing her to concurrent prison terms of 15 years to life and 1 year, respectively, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the possession count to 5 years to life, and otherwise affirmed.

[439]*439While a sentence within the statutory limits ordinarily is not a cruel and unusual punishment (People v Jones, 39 NY2d 694, 697), "in some rare case[s]” the statute can be unconstitutionally applied (People v Broadie, 37 NY2d 100, 119, cert denied 423 US 950). Noting the disparity of treatment arising from co-defendant’s acquittal at a separate trial based upon testimony that exculpated both, and lack of criminal record, age, poor health, and family circumstances, we reduce the sentence to 5 years to life to avoid the sentence being "cruel and unusual” in the circumstances (NY Const, art I, § 5; see, People v Andrews, 176 AD2d 530, 531-532, lv denied 79 NY2d 918).

We have reviewed defendant’s argument that the trial court abused its discretion in not permitting defense counsel to recall a prosecution witness after cross-examination of the witness had already been concluded, and find it to be without merit (see, People v Ventura, 35 NY2d 654). Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.

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Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 21, 1990, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree and bail jumping in the first degree, and sentencing her to concurrent prison terms of 15 years to life and 1 year, respectively, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the possession count to 5 years to life, and otherwise affirmed.

[439]*439While a sentence within the statutory limits ordinarily is not a cruel and unusual punishment (People v Jones, 39 NY2d 694, 697), "in some rare case[s]” the statute can be unconstitutionally applied (People v Broadie, 37 NY2d 100, 119, cert denied 423 US 950). Noting the disparity of treatment arising from co-defendant’s acquittal at a separate trial based upon testimony that exculpated both, and lack of criminal record, age, poor health, and family circumstances, we reduce the sentence to 5 years to life to avoid the sentence being "cruel and unusual” in the circumstances (NY Const, art I, § 5; see, People v Andrews, 176 AD2d 530, 531-532, lv denied 79 NY2d 918).

We have reviewed defendant’s argument that the trial court abused its discretion in not permitting defense counsel to recall a prosecution witness after cross-examination of the witness had already been concluded, and find it to be without merit (see, People v Ventura, 35 NY2d 654). Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.

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Bluebook (online)

188 A.D.2d 438, 591 N.Y.S.2d 1012, 1992 N.Y. App. Div. LEXIS 14743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skeffery-nyappdiv-1992.

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