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People v. Fiorello

Supreme Court, Appellate Division, Second Department, New York.
Jul 18, 2012
97 A.D.3d 763 (N.Y. App. Div. 2012)

Opinion

2012-07-18

The PEOPLE, etc., respondent, v. Philip FIORELLO, appellant.

Keith O'Halloran, Westhampton Beach, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.


Keith O'Halloran, Westhampton Beach, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Cohen, J.), imposed April l, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Inasmuch as “the defendant received the minimum sentence permitted by law, this Court has no authority to reduce [the sentence] as a matter of discretion in the interest of justice” ( People v. Howard, 50 A.D.3d 823, 823, 854 N.Y.S.2d 776;seeCPL 470.20[6]; Penal Law § 70.00[3][a][ii]; § 220.41; People v. Wilson, 28 A.D.3d 796, 797, 812 N.Y.S.2d 883;People v. Muller, 294 A.D.2d 602, 742 N.Y.S.2d 890).

MASTRO, A.P.J., RIVERA, BELEN, ROMAN and SGROI, JJ., concur.


Summaries of

People v. Fiorello

Supreme Court, Appellate Division, Second Department, New York.
Jul 18, 2012
97 A.D.3d 763 (N.Y. App. Div. 2012)
Case details for

People v. Fiorello

Case Details

Full title:The PEOPLE, etc., respondent, v. Philip FIORELLO, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 18, 2012

Citations

97 A.D.3d 763 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 5650
947 N.Y.S.2d 909

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