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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 1998
248 A.D.2d 179 (N.Y. App. Div. 1998)

Opinion

March 10, 1998

Appeal from the Supreme Court, Bronx County (Joseph Cohen, J.).


The court properly enhanced its originally promised sentence on the basis of defendant's post-plea indictment for two rapes (People v. Outley, 80 N.Y.2d 702, 713), and the sentence imposed was not an abuse of discretion. The fact that subsequent to sentencing defendant was acquitted of both rapes does not retroactively invalidate the sentence and does not, under all the circumstances, warrant a reduction in the interest of justice.

Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 1998
248 A.D.2d 179 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH…

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

Date published: Mar 10, 1998

Citations

248 A.D.2d 179 (N.Y. App. Div. 1998)
670 N.Y.S.2d 766

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