People v. Garcia

I dissent, and would remand the matter for resentencing in accordance with the mandate of the statute. This appeal is concerned with the nature of the mitigating circumstances which would allow a sentencing court to sentence a defendant to concurrent terms under Penal Law § 70.25 (2-b). While those circumstances are clearly defined within the statute as "mitigating circumstances that bear directly upon the manner in which the crime was committed”, there is disagreement as to whether certain factors, which normally are considered in situations where sentencing is a purely discretionary matter,…