AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TONY MARRERO, DEFENDANT-APPELLANT.

Defendant's challenge to the constitutionality of his mandatory minimum sentence requires preservation (People v. Ingram, 67 N.Y.2d 897), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would not find that this sentence was unconstitutional as applied to defendant (see, People v. Thompson, 83 N.Y.2d 477). Nor is there any other basis for reduction of the sentence. Contrary to defendant's argument, where a defendant has already received the minimum sentence authorized by law this Court has no authority to reduce such sentence as a matter of discretion in the interest of justice (CPL 470.20).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEOPLE v. MARRERO
(Dec 21, 2000)