mitigating and aggravating factors (New York) · Go Syfert
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mitigating and aggravating factors in New York

6 New York opinions name it 1 courts 2015–2025 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Morrisongreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Contrary to defendant's assertion, the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on him was unduly harsh or severe ( see People v Foli , 145 AD3d 1322 , 1323 [3d Dept 2016], lv denied 29 NY3d 1031 [2017]; People v Morrison , 71 AD3d 1228, 1230 [3d Dept 2010], lv denied 15 NY3d 754 [2010]).

11
People v. Vazquezgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Given, however, the serious nature of his criminal conduct and the fact that the agreed-upon sentence imposed was significantly less than the maximum allowable, upon due consideration of all of the mitigating and aggravating factors, we do not find that the sentence was unduly harsh or severe, and we decline to take corrective action to modify the sentence in the interest of justice ( see CPL 470.15 [6] [b]; People v Vazquez , 222 AD3d 1104, 1105-1106 [3d Dept 2023], lv denied 41 NY3d 944 [2024]).

11
In re Coxetergreen
nyappdiv · 1994 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020In this respect, while we are mindful of the severity of the sanction in Florida, we have considered the mitigating and aggravating factors and applicable past precedent in this state, and have determined that a censure is appropriate under the circumstances ( see Matter of Cohen , 12 AD3d 29, 32 [2004]; Matter of Coxeter , 208 AD2d 1178, 1178 [1994]).

11
In re Cohengreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020In this respect, while we are mindful of the severity of the sanction in Florida, we have considered the mitigating and aggravating factors and applicable past precedent in this state, and have determined that a censure is appropriate under the circumstances ( see Matter of Cohen , 12 AD3d 29, 32 [2004]; Matter of Coxeter , 208 AD2d 1178, 1178 [1994]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
People v. Ahrens green
nyappdiv · 2016
1 sentence

2025Contrary to defendant's assertion, the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on him was unduly harsh or severe ( see People v Foli , 145 AD3d 1322 , 1323 [3d Dept 2016], lv denied 29 NY3d 1031 [2017]; People v Morrison , 71 AD3d 1228, 1230 [3d Dept 2010], lv denied 15 NY3d 754 [2010]).

12025–2025
People v. Dixon green
ny · 2017
1 sentence

2025Contrary to defendant's assertion, the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on him was unduly harsh or severe ( see People v Foli , 145 AD3d 1322 , 1323 [3d Dept 2016], lv denied 29 NY3d 1031 [2017]; People v Morrison , 71 AD3d 1228, 1230 [3d Dept 2010], lv denied 15 NY3d 754 [2010]).

12025–2025
Matter of Hamling neutral
nyappdiv · 2023
1 sentence

2023Having already determined that respondent's conviction constitutes a serious crime within the meaning of Judiciary Law § 90 (4) (d) ( Matter of Hamling , 212 AD3d at 1077 ), our only remaining obligation concerning this matter is the imposition of a disciplinary sanction, and we therefore turn our attention to the Referee's report, as well as the mitigating and aggravating factors cited by the parties in their submissions regarding the Referee's report.

12023–2023
Matter of Colby green
nyappdiv · 2017
1 sentence

2021Matter of Campbell , 160 AD3d 1200 [2018]; Matter of Colby , 156 AD3d 1215 [2017]; Matter of Frank , 135 AD3d 1152 [2016]).

12021–2021
In re Frank neutral
nyappdiv · 2016
1 sentence

2021Matter of Campbell , 160 AD3d 1200 [2018]; Matter of Colby , 156 AD3d 1215 [2017]; Matter of Frank , 135 AD3d 1152 [2016]).

12021–2021
Matter of Farkas neutral
nyappdiv · 2015
1 sentence

2018Based upon the foregoing, we find that, in view of the respondent's admitted misconduct, which demonstrates a longstanding failure to abide by the rules governing attorney accounts, including his failure to promptly disburse funds to clients, maintain required records, and reconcile the special account, and engaging in the commingling of business funds with client funds, as well as the mitigating and aggravating factors presented herein, a suspension from the practice of law is warranted ( see Matter of Farkas , 133 AD3d 81 ; Matter of Barclay , 114 AD3d 128 ).

12018–2018
In re Barclay neutral
nyappdiv · 2013
1 sentence

2018Based upon the foregoing, we find that, in view of the respondent's admitted misconduct, which demonstrates a longstanding failure to abide by the rules governing attorney accounts, including his failure to promptly disburse funds to clients, maintain required records, and reconcile the special account, and engaging in the commingling of business funds with client funds, as well as the mitigating and aggravating factors presented herein, a suspension from the practice of law is warranted ( see Matter of Farkas , 133 AD3d 81 ; Matter of Barclay , 114 AD3d 128 ).

12018–2018
In Re Peter S. Gordon green
ca2 · 2015
1 sentence

2015The Second Circuit further noted that the lack of candor was “not especially egregious” in that “it concerned only one of several issues before the [CAG]; it was not part of a pattern; the underlying conduct (the failure to comply with the April 2011 order), by itself, would likely warrant no more than a reprimand; and the lack of candor did not seriously disrupt the [CAG’s] proceedings or cause any other serious prejudice.” ( 780 F3d at 161 .) Weighing all of the respondent’s misconduct, and the mitigating and aggravating factors, including his lack of candor, the Second Circuit concluded tha

12015–2015

Where else courts name it

IL 65 (1990–2026) CA 27 (1979–2026) IN 23 (1987–2020) NJ 21 (1986–2025) WA 15 (2000–2021) OH 11 (2006–2020) GA 8 (2012–2026) PA 8 (2017–2025) NY 6 (2015–2025) MN 5 (2000–2016) CO 5 (1990–2025) RI 5 (2002–2003) ME 3 (1998–2023) FL 3 (1989–2014) AZ 3 (1994–2026) DC 3 (1989–2000) WV 2 (2006–2021) ID 2 (1998–2023) NC 2 (2021–2021) WI 2 (2010–2014) UT 2 (2015–2016) MD 2 (2021–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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