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People v. Gill

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1993
190 A.D.2d 604 (N.Y. App. Div. 1993)

Opinion

February 18, 1993

Appeal from the Supreme Court, New York County (Allen G. Alpert, J.).


Defendant originally pleaded guilty to criminal possession of a weapon in the third degree in exchange for a promised sentence of 6 months incarceration and 5 years probation. When the defendant was returned to court upon a bench warrant, the sentencing court imposed the maximum sentence allowable. It is noteworthy that at sentencing upon defendant's return, the People did not ask for the maximum sentence.

This is defendant's first offense. Moreover, he has actively sought and obtained gainful employment and has, for the most part, cooperated with the authorities. Therefore, we find the sentence imposed excessive and reduce it accordingly.

Concur — Carro, J.P., Milonas, Rosenberger, Ross and Rubin, JJ.


Summaries of

People v. Gill

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1993
190 A.D.2d 604 (N.Y. App. Div. 1993)
Case details for

People v. Gill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GILL, Appellant

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

Date published: Feb 18, 1993

Citations

190 A.D.2d 604 (N.Y. App. Div. 1993)
593 N.Y.S.2d 802

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