People v. Notey

Damiani, J. (dissenting).

Although I realize that my dissent can have no practical effect in this case, since the Court of Appeals lacks the power to review the appropriateness of a discretionary sentence (People v Speiser, 277 NY 342, 344; People v Gittelson, 18 NY2d 427), I must dissent and vote to affirm.

It is my conviction that in reviewing the propriety of the sentence imposed in a particular case, it is not the function of appellate Judges to substitute their judgment as to the propriety of the sentence for that of the Judge at Criminal Term, *286upon whom the primary sentencing…