 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
COURT CRIME MITIGATION DEFENDANT CONVICTIONS COMMITTING MISDEMEANOR YORK STATUTE LEGISLATURE FELONY APPELLATE POSSESSION MANNER AUTHORIZATION PROVISIONS ARREST MANDATORY SENTENCE IMPOSE PLEA UNDULY HARSH CRIMINAL PROCEDURE LAW OFFENSE PROBATION APPELLATE DIVISION EVIDENT PRISON JUDGE JURISDICTION |
THE PEOPLE &C., RESPONDENT, v. PATRICK WILLIAMS, A/K/A PATRICK BLAKE,
APPELLANT.
79 N.Y.2d 281, 590 N.E.2d 1199, 582 N.Y.S.2d 71 (1992).
March 31, 1992
1 No. 24
Decided March 31, 1992
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Steven R. Bernhard, for Appellant.
Peter D. Coddington, for Respondent.
KAYE, J.:
This appeal centers on the technical legality of the sentence imposed
on defendant--concurrent terms of probation for gun possession--and
particularly on mitigation provisions of the Penal Law (see,
70.02(2)(c)(i), 70.02(5)(b)). While agreeing with the Appellate
Division that mitigation was improper here, we reach that conclusion
on different grounds.
Defendant, who was serving a three-year sentence of probation imposed
by a New Jersey court for marijuana possession, was arrested in New
York City and charged with third degree unlawful possession of a
weapon (Penal Law § 265.02) and resisting arrest (Penal Law § 205.30).
At the time of the arrest, defendant was in possession of a
fully-loaded automatic pistol that had been defaced--the serial number
removed--and showed evidence of recent discharge. While on bail,
defendant was arrested a second time and again charged with unlawful
possession of a fully loaded .38 caliber revolver. This gun had been
reported stolen and also showed evidence of recent discharge.
Defendant's companion, a predicate felon, was charged with possession
of a loaded .38 special Colt revolver.
A plea bargain was arranged covering both indictments and as a result
defendant withdrew his suppression motions. Although the presumptive
minimum sentence for possession of a loaded firearm is one year in
prison, the court in accepting defendant's plea suggested disposing of
both indictments with a "split" sentence of six months in prison and
four and one-half years probation, because a one-year prison term
might be "unduly harsh."
SNIPPETS:
|
|
|
| | | |
|
|
