People v. Fiorello, 97 A.D.3d 763 (N.Y. App. Div. 2012). · Go Syfert
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People v. Fiorello, 97 A.D.3d 763 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Barber (nyappdiv, 2013-05-03)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) People v. Barber
N.Y. App. Div. · 2013 · confidence medium
Because County Court imposed the minimum sentence authorized for a class D felony committed by a second felony offender (see Penal Law §§ 70.06 [3] [d]; [4] [b]; 160.05), there is no basis for the exercise of our authority to reduce the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]; People v Fiorello, 97 AD3d 763, 763 [2012]; People v Agha, 239 AD2d 930, 931 [1997], lv denied 90 NY2d 854 [1997]).
discussed Cited as authority (rule) People v. Barber
N.Y. App. Div. · 2013 · confidence medium
Because County Court imposed the minimum sentence authorized for a class D felony committed by a second felony offender (see Penal Law §§ 70.06 [3] [d]; [4] [b]; 160.05), there is no basis for the exercise of our authority to reduce the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]; People v Fiorello, 97 AD3d 763, 763 [2012]; People v Agha, 239 AD2d 930, 931 [1997], lv denied 90 NY2d 854 [1997]).
cited Cited "see, e.g." People v. Lopez
N.Y. App. Div. · 2015 · signal: see also · confidence low
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]; see also People v Fiorello, 97 AD3d 763 [2012]; People v Howard, 50 AD3d 823 [2008]).
The People of the State of New York
v.
Philip Fiorello
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2012.
97 A.D.3d 763
Cited by 8 opinions  |  Published

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 AD3d 823, 823 [2008]; see CPL 470.20 [6]; Penal Law §§ 70.00 [3] [a] [ii]; 220.41; People v Wilson, 28 AD3d 796, 797 [2006]; People v Muller, 294 AD2d 602 [2002]). Mastro, A.P.J., Rivera, Belen, Roman and Sgroi, JJ., concur.