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People v. Howard

Appellate Division of the Supreme Court of New York, First Department
Jul 27, 1995
217 A.D.2d 530 (N.Y. App. Div. 1995)

Opinion

July 27, 1995

Appeal from the Supreme Court, New York County (Clifford Scott, J.).


The sentence here was excessive even given defendant's second felony offender status ( see, People v. Cowell, 170 A.D.2d 343, lv denied 77 N.Y.2d 993). It appears that the sentence was based on evidence of uncharged crimes rather than solely on the crime for which defendant was convicted, and, given the pretrial offer of a plea with a promise of 2 1/2 to 5 years and the codefendant's plea to a pretrial offer of 1 to 3 years, that defendant was impermissibly punished for exercising his constitutional right to a trial by jury ( People v. Brown, 70 A.D.2d 505, 506). We have reviewed defendant's remaining contentions and find that they do not warrant disturbance of the jury's verdict, which was amply supported by the overwhelming evidence of defendant's guilt.

Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.


Summaries of

People v. Howard

Appellate Division of the Supreme Court of New York, First Department
Jul 27, 1995
217 A.D.2d 530 (N.Y. App. Div. 1995)
Case details for

People v. Howard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL HOWARD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 27, 1995

Citations

217 A.D.2d 530 (N.Y. App. Div. 1995)
629 N.Y.S.2d 765

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