People v. Burke

Fuchsberg, J. (dissenting).

Today’s decision, as I see it, sanctions the interpretation and application of what was intended to be a salutary sentencing statute in a manner which, for all practical purposes, renders it nugatory. An important opportunity is also passed by to take a step forward towards the development of badly needed sentencing standards. For both of these reasons, I respectfully dissent.

Defendant, whose only prior criminal record was a conviction for an attempted sale of marijuana, was found guilty, after a trial at which he took the stand, of robbing a liquor store of…