Legal Opinion

Thompson v. Fischer

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

Decided February 2, 2012Published

1Opinion of the Court

—Spain, J.

We affirm. At the outset, we note that petitioner has abandoned his challenge to the calculation to his minimum term of imprisonment by failing to raise it in his brief to this Court (see Matter of Jones v Fischer, 84 AD3d 1604, 1605 [2011]). Instead, the sole contention advanced by petitioner is his request that *1011his sentence be reduced pursuant to CPL 470.15. However, as this Court has previously noted, such a request for a sentence to be reduced in the interest of justice is beyond the scope of a CPLR article 78 proceeding (see Matter of Pride v Goord, 285 AD2d 766, 767 [2001];…

2Cases cited4 opinions

  1. Flowers v. MillerAppellate Division of the Supreme Court of the State of New York · 2001
  2. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Pride v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. MeadAppellate Division of the Supreme Court of the State of New York · 2008

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