People v. Currier

Decision Date10 June 2011
Citation924 N.Y.S.2d 872,2011 N.Y. Slip Op. 04995,85 A.D.3d 1657
PartiesThe PEOPLE of the State of New York, Respondent,v.Paul R. CURRIER, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division
OPINION TEXT STARTS HERE

Motion for reargument and/or reconsideration granted and, upon reargument, the memorandum and order entered April 1, 2011 (83 A.D.3d 1421, 919 N.Y.S.2d 733) is amended by deleting the ordering paragraph and substituting the following ordering paragraph “that the judgment so appealed from is unanimously modified on the law and as a matter of discretion in the interest of justice by reversing those parts convicting defendant of criminal trespass in the second degree and dismissing those counts of the indictment, and by reducing the sentences imposed for burglary in the second degree, attempted gang assault in the second degree and assault in the second degree to determinate terms of incarceration of six years, and as modified the judgment is affirmed,” and by deleting the last two sentences of the memorandum and substituting the following sentences: “Finally, we agree with defendant that the sentences imposed for burglary in the second degree, attempted gang assault in the second degree and assault in the second degree are unduly harsh and severe. Thus, as a matter of discretion in the interest of justice ( see CPL 470.15[6][b] ), we modify the judgment by reducing the sentences for those counts to determinate terms of incarceration of six years.”

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6 cases
  • People v. Smart
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Noviembre 2012
    ... ... Daggett, 88 A.D.3d 1296, 1298, 930 N.Y.S.2d 745,lv. denied18 N.Y.3d 956, 944 N.Y.S.2d 485, 967 N.E.2d 710;People v. Currier, 83 A.D.3d 1421, 1423, 919 N.Y.S.2d 733,amended on rearg.85 A.D.3d 1657, 924 N.Y.S.2d 872). We note, in response to the dissent, that we are only modifying the minimum term of defendant's sentence. Because we are not vacating the court's [100 A.D.3d 1476]discretionary sentencing of defendant as a ... ...
  • E. Schodack Fire Co. v. Milkewicz
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Junio 2016
  • Rich Prods. Corp. v. David Bluemke & Darifair Foods, Inc., 13-CV-30S
    • United States
    • U.S. District Court — Western District of New York
    • 15 Enero 2015
  • People v. Morgan
    • United States
    • New York Supreme Court — Appellate Division
    • 24 Marzo 2017
    ... ... Currier, 83 A.D.3d 1421, 14221423, 919 N.Y.S.2d 733, amended on rearg. 85 A.D.3d 1657, 924 N.Y.S.2d 872 ).148 A.D.3d 1592Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we further conclude that ... ...
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