Legal Opinion · Concurring in part, dissenting in part

People v. Howard

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

Decided September 10, 2014No. 2012-11083Published

1Concurring in part, dissenting in part

Roman, J.,

concurs in part, and dissents in part, and votes to affirm the judgment, with the following memorandum: I agree with the majority’s determination that the defendant’s convictions should not be disturbed. However, I disagree with the majority’s conclusion that the indeterminate sentence of imprisonment of 20 years to life imposed upon the defendant’s conviction of burglary in the second degree was excessive and would, therefore, affirm the judgment of conviction.

Generally, the determination as to what constitutes an appropriate sentence is a matter entrusted to the sound discretion…

2Cases cited7 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. FarrarNew York Court of Appeals · 1981
  3. People v. WallsNew York Court of Appeals · 1974
  4. People v. JuncoAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. ApplegateAppellate Division of the Supreme Court of the State of New York · 1991

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