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People v. Maldonado

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 74 (N.Y. App. Div. 1993)

Opinion

December 9, 1993

Appeal from the Supreme Court, New York County, Stephen G. Crane, J.


We note that defendant opposed the offer of probation, together with participation in a residential drug treatment program, asking instead to be sentenced to a definite term of 6 months' imprisonment. Considering that defendant has a long history of drug and alcohol abuse, it is understandable that the court preferred a residential drug treatment program with probation. However, it is not in the interest of justice to impose a greater penalty for failure to comply with the conditions of parole than the proposed initial sentence of 6 months. Inasmuch as defendant has now served more than this period of time, we find the sentence of 2 to 12 years to be excessive and modify the sentence accordingly to time served (see, People v Cowell, 170 A.D.2d 343).

Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.


Summaries of

People v. Maldonado

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 74 (N.Y. App. Div. 1993)
Case details for

People v. Maldonado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VENUS MALDONADO…

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

Date published: Dec 9, 1993

Citations

199 A.D.2d 74 (N.Y. App. Div. 1993)
605 N.Y.S.2d 36