From Casetext: Smarter Legal Research

People v. Acosta

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 485 (N.Y. App. Div. 1990)

Summary

In People v Acosta (157 A.D.2d 485, lv denied 75 N.Y.2d 916), the defendant was sentenced to 12 1/2 to 25 years for criminal sale of a controlled substance in the third degree.

Summary of this case from People v. Morales

Opinion

January 11, 1990

Appeal from the Supreme Court, New York County (Clifford Scott, J.).


Defendant claims that the joint trial and timing of the acceptance of codefendant's guilty plea deprived him of the opportunity to call codefendant as a witness. We are unpersuaded by these arguments, especially because the defendant never moved for severance.

The sentences imposed by the trial court do, however, appear excessive, particularly in view of the fact that defendant's codefendant and accomplice in the underlying $10 drug transaction was sentenced to a term of 2 to 4 years for conduct hardly different from that of the appellant. Notwithstanding the seriousness of the offenses involved, the sentences imposed were unduly harsh and should be reduced to the extent indicated.

Concur — Murphy, P.J., Sullivan, Kassal, Wallach and Smith, JJ.


Summaries of

People v. Acosta

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 485 (N.Y. App. Div. 1990)

In People v Acosta (157 A.D.2d 485, lv denied 75 N.Y.2d 916), the defendant was sentenced to 12 1/2 to 25 years for criminal sale of a controlled substance in the third degree.

Summary of this case from People v. Morales

In People v. Acosta (157 A.D.2d 485, lv denied 75 N.Y.2d 916), the defendant was sentenced to 12 1/2 to 25 years for criminal sale of a controlled substance in the third degree.

Summary of this case from People v. Acosta

In People v Acosta (157 A.D.2d 485, lv denied 75 N.Y.2d 916), the defendant was sentenced to 12 1/2 to 25 years for criminal sale of a controlled substance in the third degree.

Summary of this case from People v. Delgado

In People v. Acosta (157 A.D.2d 485, lv denied 75 N.Y.2d 916), the defendant was sentenced to 12 1/2 to 25 years for criminal sale of a controlled substance in the third degree.

Summary of this case from People v. Diaz
Case details for

People v. Acosta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUINSKY ACOSTA, Also…

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

Date published: Jan 11, 1990

Citations

157 A.D.2d 485 (N.Y. App. Div. 1990)
549 N.Y.S.2d 672

Citing Cases

People v. Ramsey

With respect to the deterrent effect of the sentence imposed, it cannot seriously be argued that the sentence…

People v. Ramirez

Since defendant has no statutory right to be present at a hearing to determine whether the courtroom should…