People v. Stepteau

Appellate Division of the Supreme Court of New York

People v. Stepteau

261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5303

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

DecidedMay 13, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 207 (People v. Stepteau) 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. Stepteau, 261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5303 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 12, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The court’s Sandoval ruling, a compromise in which damaging portions of defendant’s criminal record were excluded, was [208]*208a proper exercise of discretion that balanced the appropriate factors (see, People v Walker, 83 NY2d 455, 459).

Contrary to defendant’s contention, the sentencing minutes, taken together with the commitment sheet and other relevant documents, establish that the court sentenced defendant on both the sale and possession counts (see, CPL 380.20; People v Jones, 207 AD2d 745, lv denied 85 NY2d 863). Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 12, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The court’s Sandoval ruling, a compromise in which damaging portions of defendant’s criminal record were excluded, was [208]*208a proper exercise of discretion that balanced the appropriate factors (see, People v Walker, 83 NY2d 455, 459).

Contrary to defendant’s contention, the sentencing minutes, taken together with the commitment sheet and other relevant documents, establish that the court sentenced defendant on both the sale and possession counts (see, CPL 380.20; People v Jones, 207 AD2d 745, lv denied 85 NY2d 863). Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.

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Bluebook (online)

261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stepteau-nyappdiv-1999.

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