People v. Hemmings

OPINION OF THE COURT

Graffeo, J.

In this case, we must determine whether sentencing courts have discretion to allow more than one person to make a victim impact statement at sentencing, beyond the single statement from the victim or victim’s surrogate mandated in CPL 380.50 (2). We hold that they do and, under the circumstances of this case, conclude that the sentencing court did not abuse its discretion in allowing five people to make statements at defendant’s sentencing.

It is undisputed that, on a night in November 1999, defendant shot and killed Darnell Brown. As a result of the incident, he…