Legal Opinion

People v. Andrea FF.

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

Decided July 23, 1992Published

1Dissent

Mercure, J. (dissenting).

We would affirm County Court’s judgment and accordingly dissent. Admittedly, the circumstances of this case are tragic and reasonable minds could well disagree as to the appropriate sentence. However, "this court will not normally disturb a sentence imposed by a trial court in the exercise of its sound discretion unless there is an abuse of discretion” (People v Board, 97 AD2d 610; see, People v Simon, 180 AD2d 866; People v Hinkley, 178 AD2d 800, lv denied 79 NY2d 948; People v Owens, 172 AD2d 883, lv denied 78 NY2d 957). Here, "[County Court] was directly involved…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. People v. CruickshankAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. Dawn Maria C.New York Court of Appeals · 1986
  3. People v. SimonAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. WhitingAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. BoardAppellate Division of the Supreme Court of the State of New York · 1983

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