penalties violation (New York) · Go Syfert
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penalties violation in New York

6 New York opinions name it 4 courts 1903–1996 0 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 (1)

CaseFollowedCited
People v. Foxgreen
nyjustct · 1976 · cited in 1 New York opinions naming this issue, 1976–1976
1 sentence

1976(See, People v Fox, supra, pp 210, 212 .) 5 As this court pointed out in that case, the Legislature, in setting the penalties for violation of section 1192, provided very different penalties for violation of subdivision 1 of section 1192 and subdivision 2 of section 1192.

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 (6)

CaseCitedYears
Howard v. Fleming green
· 1903
2 sentences

1974Undue leniency in one case does not transform a reasonable punishment in another case to a cruel one.” (Howard v. Fleming, 191 U. S. 126, 135-136 .) “ The ¡comparative gravity of criminal offenses and whether their consequences are more or less injurious are matters for * * * [a State’s] determination.” (Pennsylvania v. Ashe, 302 U. S. 51, 55 .) Thirdly, the indeterminate sentence with its lifetime maximum for the drug sale and possession offenses with which defendant is charged cannot be fairly said to be unacceptable to modern, law-abiding society.

1974Undue leniency in one case does not transform a reasonable punishment in another case to a cruel one.’ (Howard v. Fleming, 191 U. S. 126, 135-436 .) ' The comparative gravity of criminal offenses and whether their consequences are more or less injurious are matters for * * * [a State’s] determination.’ (Pennsylvania v. Ashe, 302 U. S. 51, 55 .) ” Some of our sister States have similar and in some instances more severe sentences.

21974–1974
Pennsylvania Ex Rel. Sullivan v. Ashe green
scotus · 1937
2 sentences

1974Undue leniency in one case does not transform a reasonable punishment in another case to a cruel one.” (Howard v. Fleming, 191 U. S. 126, 135-136 .) “ The ¡comparative gravity of criminal offenses and whether their consequences are more or less injurious are matters for * * * [a State’s] determination.” (Pennsylvania v. Ashe, 302 U. S. 51, 55 .) Thirdly, the indeterminate sentence with its lifetime maximum for the drug sale and possession offenses with which defendant is charged cannot be fairly said to be unacceptable to modern, law-abiding society.

1974Undue leniency in one case does not transform a reasonable punishment in another case to a cruel one.’ (Howard v. Fleming, 191 U. S. 126, 135-436 .) ' The comparative gravity of criminal offenses and whether their consequences are more or less injurious are matters for * * * [a State’s] determination.’ (Pennsylvania v. Ashe, 302 U. S. 51, 55 .) ” Some of our sister States have similar and in some instances more severe sentences.

21974–1974
Allied Sanitation, Inc. v. Adduci neutral
nyappdiv · 1996
1 sentence

1996We conclude, therefore, that the summons issued pursuant to Vehicle and Traffic Law § 385 was a proper means of charging Corona with a violation of the vehicle weight regulations applicable in New York City (see, Matter of Allied Sanitation v Adduci, 226 AD2d 195 ; Rules of City of New York, Department of Transportation, tit 34, § 4-15 [b] [9]).

11996–1996
People v. Marks neutral
nygensess · 1909
1 sentence

1941(People v. Marks, 64 Misc. 679 .) The defendant now complains of the severity of the remaining fines which it seeks to have remitted in this court, and contends that, although they are not excessive in law, still they show that the magistrate “ abused his discretion,” and was biased in fixing such amounts, particularly by considering the previous court record of this company.

11941–1941
Griffin v. City of Gloversville neutral
nyappdiv · 1901
1 sentence

1903(Village of Carthage v. Frederick, 122 N. Y. 268 ; Griffin, v. City of Gloversville, 67 App. Div. 403 ; City of Buffalo v. N. Y., L.

11903–1903
Village of Carthage v. . Frederick green
ny · 1890
1 sentence

1903(Village of Carthage v. Frederick, 122 N. Y. 268 ; Griffin, v. City of Gloversville, 67 App. Div. 403 ; City of Buffalo v. N. Y., L.

11903–1903

Where else courts name it

PA 12 (1915–2025) CA 9 (1958–2020) OR 7 (1921–2019) LA 7 (1943–2008) NE 7 (1972–2021) FL 6 (1975–2006) NY 6 (1903–1996) GA 6 (1930–2018) IA 5 (1925–2017) IL 5 (1910–2021) CO 4 (2002–2021) AL 4 (1940–1983) MI 4 (1924–2011) NC 4 (2015–2024) NJ 4 (1973–2019) TX 4 (1976–2025) MT 2 (1909–1929) OH 2 (1925–2022) KY 2 (1910–1919) HI 2 (1912–1986) MS 2 (1961–1967) KS 2 (1916–1996) NM 2 (1998–2001) MD 2 (1982–2019)

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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