People v. Fiorello
| Decision Date | 18 July 2012 |
| Citation | 2012 N.Y. Slip Op. 05650,947 N.Y.S.2d 909,97 A.D.3d 763 |
| Parties | The PEOPLE, etc., respondent, v. Philip FIORELLO, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Keith O'Halloran, Westhampton Beach, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Cohen, J.), imposed April l, 2011, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Inasmuch as “the defendant received the minimum sentence permitted by law, this Court has no authority to reduce [the sentence] as a matter of discretion in the interest of justice” ( People v. Howard, 50 A.D.3d 823, 823, 854 N.Y.S.2d 776;seeCPL 470.20[6]; Penal Law § 70.00[3][a][ii]; § 220.41; People v. Wilson, 28 A.D.3d 796, 797, 812 N.Y.S.2d 883;People v. Muller, 294 A.D.2d 602, 742 N.Y.S.2d 890).
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