Legal Opinion

People v. Fiorello

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

Decided July 18, 2012Published

1Opinion of the Court

Inasmuch as “the defendant received the minimum sentence permitted by law, this Court has no authority to reduce [the sentence] as a matter of discretion in the interest of justice” (People v Howard, 50 AD3d 823, 823 [2008]; see CPL 470.20 [6]; Penal Law §§ 70.00 [3] [a] [ii]; 220.41; People v Wilson, 28 AD3d 796, 797 [2006]; People v Muller, 294 AD2d 602 [2002]). Mastro, A.P.J., Rivera, Belen, Roman and Sgroi, JJ., concur.

2Cases cited3 opinions

  1. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. MullerAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2006