People v. Festo

Citation60 N.Y.2d 809,469 N.Y.S.2d 699
Parties, 457 N.E.2d 806 The PEOPLE of the State of New York, Respondent, v. Michael FESTO, Appellant.
Decision Date27 October 1983
CourtNew York Court of Appeals

On review of submissions pursuant to Rule 500.2(b) (22 NYCRR 500.2[g] ), order affirmed for the reasons stated in so much of the memorandum of the Appellate Division, 96 A.D.2d 765, 463 N.Y.S.2d 444, as discusses the retroactivity of the new sentencing provisions.

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE, JJ., concur.

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8 cases
  • People v. Claytor
    • United States
    • New York Supreme Court Appellate Division
    • February 22, 1988
    ...which was the minimum possible under the statute ( see, People v. Festo, 96 A.D.2d 765, 463 N.Y.S.2d 444, affd. 60 N.Y.2d 809, 469 N.Y.S.2d 699, 457 N.E.2d 806), does not constitute cruel and unusual punishment ( see, People v. Donovan, 59 N.Y.2d 834, 464 N.Y.S.2d 745, 451 N.E.2d We have ex......
  • People v. Sandobar
    • United States
    • New York Supreme Court Appellate Division
    • March 25, 1993
    ...N.Y.2d 991, 563 N.Y.S.2d 780, 565 N.E.2d 529), and bodyguards (People v. Festo, 96 A.D.2d 765, 463 N.Y.S.2d 444, affd., 60 N.Y.2d 809, 469 N.Y.S.2d 699, 457 N.E.2d 806), especially when they possess keys to premises where drugs are found (People v. Armstrong, 160 A.D.2d 206, 553 N.Y.S.2d 16......
  • People v. Terrell
    • United States
    • New York Supreme Court Appellate Division
    • May 2, 1985
    ...of the narcotics laws revisions redefining Class A-I felonies. (People v. Festo, 96 A.D.2d 765, 463 N.Y.S.2d 444, aff'd 60 N.Y.2d 809, 469 N.Y.S.2d 699, 457 N.E.2d 806). Instead, the court concluded that the present situation constituted one of those "rare cases" referred to by the Court of......
  • People v. Jansen
    • United States
    • New York Supreme Court Appellate Division
    • December 29, 1988
    ...supra, at 159, 151 N.Y.S.2d 367, 134 N.E.2d 197; cf., People v. Festo, 96 A.D.2d 765, 766-767, 463 N.Y.S.2d 444 affd., 60 N.Y.2d 809, 469 N.Y.S.2d 699, 457 N.E.2d 806). Since defendant was neither tried nor sentenced before the amendment was enacted (see, People v. Oliver, supra, 1 N.Y.2d a......
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