Legal Opinion · Dissent

People v. Wyrick

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

Decided October 26, 2017No. 107769Published

1DissentAarons, J.

I respectfully dissent. Because I perceive no abuse of discretion or extraordinary circumstances warranting the reduction of the prison term of eight years, followed by five years of postrelease supervision, imposed for the conviction for criminal possession of a controlled substance in the second degree, I would affirm the judgment.

The imposition of a sentence is a matter that rests in the sound discretion of the trial court (see People v Perkins, 5 AD3d 801, 804 [2004], lv denied 3 NY3d 741 [2004]; People v Farrell, 246 AD2d 748, 749 [1998]; People v Fuller, 185 AD2d 446, 449 [1992], lv…

2Cases cited20 opinions

  1. People v. FarrarNew York Court of Appeals · 1981
  2. People v. DelgadoNew York Court of Appeals · 1992
  3. People v. LanfairAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. CollierAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2004

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