From Casetext: Smarter Legal Research

People v. Velasquez

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 2006
25 A.D.3d 501 (N.Y. App. Div. 2006)

Opinion

7702.

January 26, 2006.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 6, 2003, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (David M. Cohn of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ., concur.


There is no basis for reducing defendant's conviction to a lesser offense in the interest of justice. While this Court has reduced convictions in the interest of justice for the purpose of correcting errors ( see e.g. People v. Rosale, 227 AD2d 185), we do not consider it appropriate to do so for the purpose of granting dispensations from mandatory sentencing statutes.


Summaries of

People v. Velasquez

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 2006
25 A.D.3d 501 (N.Y. App. Div. 2006)
Case details for

People v. Velasquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN VELASQUEZ…

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

Date published: Jan 26, 2006

Citations

25 A.D.3d 501 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 456
807 N.Y.S.2d 298

Citing Cases

People v. Santer

Since defendant's ineffective assistance of counsel claim turns on matters outside the record, including…

People v. Punter

Before: Tom, J.P., Saxe, Williams and Malone, JJ. We perceive no basis upon which to reduce defendant's…