Legal Opinion
People v. Garcia
New York Court of Appeals
Decided October 27, 1994PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The issue on this appeal involves the meaning and application of the "mitigating circumstance[ ]” sentencing authorization in Penal Law § 70.25 (2-b). Specifically, we must decide whether the trial court appropriately exercised its narrow statutorily invested discretion in imposing a concurrent rather than consecutive sentence for a violent felony crime committed while defendant was free on bail. We conclude that the concurrent rather than consecutive sentence in the circumstances of this case is warranted and should be sustained. Thus, we affirm the order of…
2Cases cited9 opinions
- People v. FarrarNew York Court of Appeals · 1981
- People v. ThompsonNew York Court of Appeals · 1994
- People v. FelixNew York Court of Appeals · 1983
- People v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1982
- People v. SantiagoNew York Court of Appeals · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007
- People v. Victor J.Appellate Division of the Supreme Court of the State of New York · 2001
- People v. SpurgeonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. Marquis A.Appellate Division of the Supreme Court of the State of New York · 2016
- People v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2003
42 more not listed; retrieve them via the Exa API.