Legal Opinion · Dissent

People v. Felix

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

Decided December 29, 2005Published

1Dissent

Tom, J.E, dissents in part in a memorandum as follows:

I perceive no reason to reduce the sentence imposed on a defendant who, in the afternoon, threatened to kill Melvin Martinez if he ever saw him again and, in the evening, upon seeing him, did exactly that by plunging a knife with an eight-inch blade into the victim’s heart. This case is devoid of any mitigating circumstances to warrant reduction of the sentence by more than a third—from 25 years to 15 years. I therefore respectfully dissent and would affirm the judgment of conviction in all respects.

Defendant and the victim were employed…

2Cases cited5 opinions

  1. People v. ThompsonNew York Court of Appeals · 1983
  2. People v. HarrisonNew York Court of Appeals · 1993
  3. People v. DiazAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. MatiasAppellate Division of the Supreme Court of the State of New York · 1990

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API