People v. Nickel

Carpinello, J. (concurring in part and dissenting in part).

I dissent solely on the issue of sentence. In my view, both the original sentence imposed, an aggregate prison term of 54 years, as well as the majority’s modification thereof to an aggregate prison term of 32 years, are harsh and excessive. While I do not in any way minimize defendant’s abhorrent conduct toward ei*874ther victim, I do not think it warrants maximum, consecutive sentencing, even as modified by the majority (see People v Morin, 192 AD2d 791 [1993], lv denied 81 NY2d 1077 [1993]). Under equally offensive or even more…