Legal Opinion

People v. Walsh

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

Decided December 27, 2012PublishedCited by 8 opinions

1Opinion of the Court

The Appellate Division has “broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range” (People v Delgado, 80 NY2d 780, 783 [1992]). “We may substitute our own discretion even where a trial court has not abused its discretion” (People v Edwards, 37 AD3d 289, 290 [1st Dept 2007], lv denied 9 NY3d 843 [2007]) and may reduce a sentence in the interests of justice, taking into account factors such as a defendant’s age, physical and mental health, and remorse (see People v Ehrlich, 176…

2Cases cited6 opinions

  1. People v. DelgadoNew York Court of Appeals · 1992
  2. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. SchonfeldAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. EhrlichAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. BrismanNew York Court of Appeals · 2025
  2. People v. BrismanNew York Court of Appeals · 2025
  3. People v. PaulinoAppellate Division of the Supreme Court of the State of New York · 2024
  4. People v. BonvilleAppellate Division of the Supreme Court of the State of New York · 2026
  5. People v. GlennAppellate Division of the Supreme Court of the State of New York · 2023

3 more not listed; retrieve them via the Exa API.

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