Legal Opinion · Dissent

People v. Chuang

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

Decided June 21, 2012Published

1DissentCatterson, J.

I must respectfully dissent in part. The sentence proposed by the majority, even though reduced from 20 years to 15 years, is, in my opinion, still excessive. As defense counsel argued at sentencing, this is a “straight possession case.” The 30-year-old defendant did not fire any of the weapons, injure anyone, or commit any acts of violence during the incidents of weapons possession. The majority justifies the 15-year sentence by relying entirely on the testimony of the defendant’s girlfriend. However, the testimony that the defendant threatened to shoot her and other people which the…

2Cases cited7 opinions

  1. People v. DelgadoNew York Court of Appeals · 1992
  2. People v. AnonymousNew York Court of Appeals · 2012
  3. People v. OliveriAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. Abreu-GuzmanAppellate Division of the Supreme Court of the State of New York · 2007

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API