People v. Delgado, 80 N.Y.2d 780 (N.Y. 1992). · Go Syfert
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People v. Delgado, 80 N.Y.2d 780 (N.Y. 1992). Cases Citing This Book View Copy Cite
415 citation events (301 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Jones, 2026 NY Slip Op 03579 (N.Y. App. Div. 4th Dep't 2026)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
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At page 783 Exercising broad plenary power to modify sentences128 citing cases“an intermediate appellate court has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range”33 citing courts quote it · 46 listed here
  • People v. Jones, 2026 NY Slip Op 03579 (N.Y. App. Div. 4th Dep't 2026).published
    We therefore modify the judgment as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [b]; People v Delgado , 80 NY2d 780, 783 [1992]) by reducing the sentence of imprisonment imposed for attempted aggravated murder un…
  • People v. Persaud, 2026 NY Slip Op 02853 (N.Y. App. Div. 2d Dep't 2026).published 6 cites
    "An intermediate appellate court has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range" ( People v Delgado , 80 NY2d 780…
  • People v. Sanchez, 2026 NY Slip Op 02541 (N.Y. App. Div. 4th Dep't 2026).published 2 cites
    We therefore modify the judgment as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [b]; People v Delgado , 80 NY2d 780, 783 [1992]) by reducing the sentence of imprisonment imposed for attempted murder in the second…
  • People v. T.D., 2026 NY Slip Op 00993 (N.Y. App. Div. 1st Dep't 2026).published 3 cites
    Notwithstanding the above findings, this Court has the authority to reduce a sentence that is unduly harsh or severe as a matter of discretion in the interest of justice, even where the sentencing court did not abuse its discretion and in…
  • People v. Barron, 2025 NY Slip Op 03911 (N.Y. App. Div. 4th Dep't 2025).published 2 cites
    This Court has "broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range," and may exercise that power, "if the interest of jus…
  • People v. Santana, 2025 NY Slip Op 02701 (N.Y. App. Div. 4th Dep't 2025).published
    It is well settled that this Court's "sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court" ( People v Delgado , 80 NY2d 780, 783 [1992]), and that "we may 'substitute our o…
  • People v. Reed, 2025 NY Slip Op 02440 (N.Y. App. Div. 4th Dep't 2025).published 2 cites
    Nevertheless, considering the mitigating factors in the record, we exercise our power to modify the judgment as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [b]; [*2]People v Delgado , 80 NY2d 780, 783 [1992]) by…
  • People v. Brisman, 2025 NY Slip Op 00123 (N.Y. 2025).published 4 cites
    The decisions whether a sentence warrants reduction under that standard, and the extent to which the sentence should be reduced, are committed to the discretion of the intermediate appellate court, which has "broad, plenary power" to reduc…
  • People v. Brisman, 43 N.Y.3d 322 (N.Y. 2025).published
    The decisions whether a sentence warrants reduction under that standard, and the extent to which the sentence should be reduced, are committed to the discretion of the intermediate appellate court, which has "broad, plenary power" to reduc…
  • People v. Merrick, 2025 NY Slip Op 00025 (N.Y. App. Div. 1st Dep't 2025).published
    In any event, we perceive no basis to reduce the term of postrelease supervision ( see People v Delgado , 80 NY2d 780, 783 [1992]; Castillo , 226 AD3d at 575).
Show 36 more citing cases
  • People v. Paulino, 2024 NY Slip Op 04625 (N.Y. App. Div. 1st Dep't 2024).published 2 cites
    (An intermediate appellate court has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range)
  • People v. Sparks, 2024 NY Slip Op 04488 (N.Y. App. Div. 1st Dep't 2024).published 2 cites
    This Court has "broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range" ( People v Delgado , 80 NY2d 780, 783 [1992], citing…
  • People v. Bookman, 2024 NY Slip Op 00537 (N.Y. App. Div. 4th Dep't 2024).published
    This Court has "broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range," and may exercise that power, "if the interest of jus…
  • People v. Hoover, 2024 NY Slip Op 00032 (N.Y. App. Div. 1st Dep't 2024).published
    However, based on our own interest of justice powers (CPL 470.15[6][b]; People v Delgado , 80 NY2d 780, 783 [1992]), we reduce the sentence to a term of 2 to 4 years under Indictment No. 151/2018, to run concurrently to concurrent terms of…
  • People v. Jones, 2023 NY Slip Op 05636 (N.Y. App. Div. 3d Dep't 2023).published 2 cites
    Given the invalid appeal waiver, defendant is not precluded from challenging the fine [FN1] as unduly harsh or severe ( see CPL 470.15 [6] [b]; People v Delgado , 80 NY2d 780, 783 [1992]; People v Thompson , 60 NY2d 513, 520 [1983]). [FN2]…
  • People v. Conway (Patrick), No. 2022-603 RO CR (N.Y. App. Term. Aug. 17, 2023).unpublished
    "An intermediate appellate court has broad plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range" ( People v Delgado , 80 NY2d 780,…
  • People v. Evans, 2023 NY Slip Op 03566 (N.Y. App. Div. 4th Dep't 2023).published
    We conclude that the sentence requested by the People is more appropriate than the one imposed by Supreme Court, and we therefore modify the judgment as a matter of discretion in the interest of justice by reducing the sentence to an indet…
  • People v. Herman, 2023 NY Slip Op 03569 (N.Y. App. Div. 4th Dep't 2023).published
    This Court "has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range" ( People v Delgado , 80 NY2d 780, 783 [1992]; see CPL…
  • The People v. Mamadou Ba, No. 15 (N.Y. Mar. 21, 2023).published
    This power is codified under CPL 470.15 (6) (b) and CPL 470.20 (6), the former of which provides that the intermediate appellate court may modify a judgment of conviction if the court finds that the “sentence, though legal, was unduly hars…
  • People v. Adorno, 2022 NY Slip Op 05856 (N.Y. App. Div. 2d Dep't 2022).published
    "Our sentencing review power 'may be exercised, if the interest of justice warrants, without deference to the sentencing court'" ( People v Kordish , 140 AD3d 981, 982 , quoting People v Delgado , 80 NY2d at 783).
  • People v. Acosta, 2022 NY Slip Op 05390 (N.Y. App. Div. 4th Dep't 2022).published
    This Court has "broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range," and we may exercise that power, "if the interest of…
  • People v. Young, 2022 NY Slip Op 02912 (N.Y. App. Div. 4th Dep't 2022).published
    This Court "has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range" and may exercise that power, "if the interest of just…
  • People v. Youngblood, 2022 NY Slip Op 00751 (N.Y. App. Div. 4th Dep't 2022).published
    We therefore modify the judgment as a matter of discretion in the interest of justice by directing that the sentences on the counts of attempted aggravated murder shall run concurrently with each other ( see generally CPL 470.15 [6] [b]; P…
  • People v. Hajratalli, 200 A.D.3d 1332 (N.Y. App. Div. 3d Dep't 2021).published
    A sentence [that] falls within the statutory [*7]parameters will not be disturbed on appeal absent evidence of a clear abuse of discretion or the existence of extraordinary circumstances" ( People v Pigford , 148 AD3d 1299, 1302 [2017] [in…
  • People v. Caballero, 158 N.Y.S.3d 495 (N.Y. App. Div. 4th Dep't 2021).published
    Thus, as a matter of discretion in the interest of justice, we modify the judgment by reducing the sentence imposed for predatory sexual assault against a child under count one of the indictment to an indeterminate term of incarceration of…
  • People v. Harris, 2021 NY Slip Op 03945 (N.Y. App. Div. 4th Dep't 2021).published
    Contrary to the People's contention, this Court "has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range," and we may exer…
  • People v. Wagoner, 150 N.Y.S.3d 851 (N.Y. App. Div. 4th Dep't 2021).published
    Even as reduced by our determination to modify the judgment by reversing those parts convicting defendant under counts one and two of the indictment, we conclude, after considering the sentences imposed on the men involved in the charged c…
  • People v. Colon, 144 N.Y.S.3d 499 (N.Y. App. Div. 4th Dep't 2021).published
    It is well settled that this Court's "sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court" ( People v Delgado , 80 NY2d 780, 783 [1992]), and that "we may 'substitute our o…
  • People v. Smith, 140 N.Y.S.3d 851 (N.Y. App. Div. 4th Dep't 2021).published
    We therefore modify the resentence as a matter of discretion in the interest of justice by reducing the sentences of imprisonment imposed on counts one and two of the indictment to determinate terms of 2½ years ( see Penal Law § 70.70 [2]…
  • People v. Brinson, 143 N.Y.S.3d 489 (N.Y. App. Div. 4th Dep't 2021).published
    With respect to the merits, this Court "has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the [*2]permissible statutory range," and we may exercise…
  • People v. Morales, 189 A.D.3d 1464 (N.Y. App. Div. 2d Dep't 2020).published
    Contrary to the conclusion of our dissenting colleague, that power "may be exercised, if the interest of justice warrants, without deference to the sentence court" ( People v Delgado , 80 NY2d at 783; see People v Kordish , 140 AD3d 981, 9…
  • People v. Watt, 2020 NY Slip Op 07721 (N.Y. App. Div. 1st Dep't 2020).published 4 cites
    We now reduce defendant's prison sentence to 10 years and otherwise affirm. ( see People v Rosenthal , 305 AD2d 327, 329 [1st Dept 2003] [this Court "possesses broad, plenary powers to modify a sentence that is unduly harsh or severe under…
  • People v. Smith, 2020 NY Slip Op 05643 (N.Y. App. Div. 4th Dep't 2020).published
    Defendant failed to preserve for our review his contention that he was penalized for asserting his right to trial ( see People v Warmley , 179 AD3d 1537, 1539 [4th Dept 2020], lv denied 35 NY3d 945 [2020]; People v Stubinger , 87 AD3d 1316…
  • People v. Gillie, 128 N.Y.S.3d 750 (N.Y. App. Div. 4th Dep't 2020).published
    This Court "has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range," and may exercise that power, "if the interest of jus…
  • People v. Guilermo P., 184 A.D.3d 481 (N.Y. App. Div. 1st Dep't 2020).published 2 cites
    Given the circumstances of defendant's crime, his youth, and the interests of justice, the non-incarceratory portion of his sentence should be reduced to three years of probation ( see People v Rosenthal , 305 AD2d 327, 329 [1st Dept 2003]…
  • People v. Murdock, 2019 NY Slip Op 6801 (N.Y. App. Div. 2d Dep't 2019).published
    "Our sentencing review power may be exercised, if the interest of justice warrants, without deference to the sentencing court'" ( People v Kordish , 140 AD3d 981, 982 [emphasis omitted], quoting People v Delgado , 80 NY2d at 783).
  • People v. Brown, 2019 NY Slip Op 5454 (N.Y. App. Div. 4th Dep't 2019).published
    "A determination by the Appellate Division to vacate a harsh or severe persistent felony offender finding is authorized by CPL 470.20 (6), which grants the Appellate Division discretion to modify sentences in the interest of justice withou…
  • People v. Reid, 2019 NY Slip Op 4565 (N.Y. App. Div. 4th Dep't 2019).published
    It is well settled that this Court's "sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court" ( People v Delgado , 80 NY2d 780, 783 [1992]), and that "we may substitute our ow…
  • People v. Mitchell, 2019 NY Slip Op 371 (N.Y. App. Div. 1st Dep't 2019).published
    While this Court has [*3]plenary power to modify a sentence which is unduly harsh ( see People v Delgado , 80 NY2d 780, 783 [1992]), it has nonetheless recognized that the sentencing judge is in the "most advantageous position to determine…
  • People v. Ellison, 2018 NY Slip Op 8833 (N.Y. App. Div. 4th Dep't 2018).published
    A determination by the Appellate Division to vacate a harsh or severe persistent felony offender finding is authorized by CPL 470.20 (6), which grants the Appellate Division discretion to modify sentences in the interest of justice "withou…
  • People v. Jones, 2018 NY Slip Op 7556 (N.Y. App. Div. 4th Dep't 2018).published
    It is well settled that this Court's "sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court" ( People v Delgado , 80 NY2d 780, 783 [1992]), and that "we may substitute our ow…
  • People v. Watson, 2018 NY Slip Op 5342 (N.Y. App. Div. 2d Dep't 2018).published
    "Our sentencing review power may be exercised, if the interest of justice warrants, without deference to the sentencing court'" ( People v Kordish , 140 AD3d at 982 [emphasis omitted], quoting People v Delgado , 80 NY2d at 783; see People…
  • People v. Rosendo (Carmelo), No. 2018 NYSlipOp 51004(U) (N.Y. App. Term. June 22, 2018).published
    Pursuant to CPL 470.15 (3) (c), this court has the authority to modify, in the interest of justice, defendant's bargained-for sentence ( see also CPL 470.15 [6] [b]; People v Delgado , 80 NY2d 780, 783 [1992]; People v Garcia , 59 Misc 3d…
  • People v. Vargas (Robert), No. 2018 NYSlipOp 51000(U) (N.Y. App. Term. June 22, 2018).published
    Although this court retains the authority, in the interest of justice, to modify a sentence ( see CPL 470.15 [6] [b]; People v Delgado , 80 NY2d 780, 783 [1992]; People v Perez-Vazquez , 55 Misc 3d 135 [A], 2017 NY Slip Op 50485[U] [App Te…
  • People v. Lundy, 2018 NY Slip Op 4164 (N.Y. App. Div. 4th Dep't 2018).published
    This Court's " sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court' " ( People v Meacham , 151 AD3d 1666, 1670 [4th Dept 2017], lv denied 30 NY3d 981 [2017], quoting People…
  • People v. Murray, 2018 NY Slip Op 943 (N.Y. App. Div. 4th Dep't 2018).published
    This Court's " sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court' " ( People v Meacham , 151 AD3d 1666, 1670 [4th Dept 2017], lv denied 30 NY3d 981 [2017], quoting People…
At page 780 cited at this page2 citing cases
  • People v. Appiah, 2023 NY Slip Op 03955 (N.Y. App. Div. 3d Dep't 2023).published
    Although this Court is authorized to substitute its judgment for County Court's to reduce defendant's bargained-for sentence ( see People v Delgado , 80 NY2d 780, 780 [1992]; People v Baldwin , 39 NY3d 1097 , 1098 [2023, Wilson, J., concur…
  • The People v. Dakota W. Baldwin, 39 N.Y.3d 1097 (N.Y. 2023).published
    In People v Delgado, we emphasized that the Appellate Division’s “broad, plenary power to modify a sentence … may be exercised, if the interest of justice warrants, without deference to the sentencing court” ( 80 NY2d 780, 780 [1992]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Esteban Delgado, Appellant The People of the State of New York v. Julio Diaz, Appellant The People of the State of New York v. Darryl Ramsey
New York Court of Appeals.
Jun 4, 1992.
Published opinion
80 N.Y.2d 780
APPEARANCES OF COUNSEL, Tamara Detloff and Ira Mickenberg for appellant in the first above-entitled case., Robert T. Johnson, District Attorney, Bronx County (Eve E. Miller of counsel), for respondent in the first above-entitled case., Caroline Rule and Ira Mickenberg for appellant in the second above-entitled case., Robert M. Morgenthau, District Attorney, New York County (Hilary Hassler of counsel), for respondent in the second above-entitled case., Natalie Rea and Philip L. Weinstein for appellant in the third above-entitled case., Robert T. Johnson, District Attorney, Bronx County (Y. Gail Goode of counsel), for respondent in the third above-entitled case.
Cited by 339 opinions  |  Published

OPINION OF THE COURT

Memorandum.

In each case, the order of the Appellate Division should be affirmed.

An intermediate appellate court has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range (CPL 470.15 [6] [b]; People v Thompson, 60 NY2d 513, 519). This sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court. Contrary to defendants’ assertions, the Appellate Division did not misapprehend its power in these cases. We read the Appellate Division’s statements that the sentencing courts did not abuse their discretion to mean that the Appellate Division did not find the sentences unduly harsh or severe under the circumstances.

Defendants’ remaining contentions are either unpreserved or without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur.

In each case: On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.