People v. Boone

Smith, J.,

concurs in part and dissents in part and votes to affirm the judgment, with the following memorandum. The sentence imposed upon the defendant of 7 to 14 years’ imprisonment was an appropriate exercise of the trial court’s discretion under the facts and circumstances of this case (see, People v Farrar, 52 NY2d 302, People v Suitte, 90 AD2d 80; see generally, People v Santiago, 274 AD2d 438), and I would not modify it downward.

Initially, it is undisputed that the defendant admitted that he killed the 17-year-old victim. His position at trial was that he had acted under extreme…