People v. Dolphy
| Citation | 93 N.Y.2d 872,689 N.Y.S.2d 434 |
| Parties | , 711 N.E.2d 648 People v. Seth D. Dolphy |
| Decision Date | 19 March 1999 |
| Court | New York Court of Appeals |
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65 cases
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People v. Livingston
... ... Dolphy, 257 A.D.2d 681, 685, 685 N.Y.S.2d 485, 489, lv. denied 93 N.Y.2d 872, 689 N.Y.S.2d 434, 711 N.E.2d 648; People v. Richard, 229 A.D.2d 787, 789, 645 N.Y.S.2d 644, lv. denied 89 N.Y.2d 928, 654 N.Y.S.2d 731, 677 N.E.2d 303; People v. Porter, 220 A.D.2d 884, 632 N.Y.S.2d 336, lv. denied 87 N.Y.2d ... ...
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People v. Tarver, 11597
... ... Finally, in view of defendant's criminal history and other factors, we find no extraordinary circumstances or abuse of discretion warranting a modification of the sentence imposed, which was less than the maximum authorized (see, People v Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872; see also, Penal Law § 70.06 [3] [b]; [4] [b]). Defendant's health-related claims in this regard are unsubstantiated (see, People v Baghai-Kermani, 221 A.D.2d 219, 220-221) ... Defendant's remaining contentions have been reviewed and determined to be ... ...
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People v. Damon
... ... The record reflects that neither is present and, therefore, the sentence will not be disturbed (see People v. Gunn, 144 A.D.3d 1193, 1196, 40 N.Y.S.3d 634 [2016], lv denied 28 N.Y.3d 1145, 52 N.Y.S.3d 297, 74 N.E.3d 682 [2017] ; People v. Dolphy, 257 A.D.2d 681, 685, 685 N.Y.S.2d 485 [1999], lv denied 93 N.Y.2d 872, 689 N.Y.S.2d 434, 711 N.E.2d 648 [1999] ). Lastly, the mere fact that the imposed sentence was greater than what was offered in a pretrial plea offer does not render the sentence harsh or excessive (see People v. Fullard, 233 ... ...
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People v. Jones
... ... The People's evidence satisfied this minimal requirement and, although defendant testified to the contrary and produced alibi witnesses, it was within the jury's province to assess their credibility and reject their testimony (see, People v Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872; People v Rose, 215 A.D.2d 875, 876, lvs denied 86 N.Y.2d 793, 801) ... The evidence also demonstrates that defendant, although aware of the shooting, left the premises without doing anything to assist Mitchell and that Mitchell ... ...
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