Legal Opinion

People v. Driscoll

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

Decided June 11, 1998Published

1Concurring in part, dissenting in partCarpinello, J.

We agree with the majority’s conclusion that defendant’s convictions should be affirmed; however, we are of the opinion that the imposition of consecutive sentences aggregating 15 to 30 years for these convictions is harsh and excessive (see, e.g., People v Mitchell, 229 AD2d 956, 957, lv denied 88 NY2d 1070). Accordingly, we respectfully dissent on this narrow issue.

While County Court was clearly authorized to impose consecutive sentences, and, while the sale of any drugs is totally unacceptable and should not be tolerated in our communities, we are convinced that the imposition of…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Domino Media, Inc. v. KranisNew York Court of Appeals · 1998
  2. People v. MarshAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. HillendaleAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. PerezAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1996

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