AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERTO GARCIA REYES, Also Known as ROBERTO REYES GARCIA, Respondent.

The People's claim on appeal that the sentence imposed was illegal is not preserved for appellate review ( People v Santiago, 80 N.Y.2d 916). In any event, the sentencing court's findings that defendant did not use a weapon in one of the robberies and that the other robbery did not result in injuries bore directly on the manner in which the robberies were committed. Thus they were properly deemed mitigating circumstances authorizing an exercise of the court's narrow discretion under Penal Law § 70.25 (2-b) to impose a concurrent rather than consecutive sentence for violent felonies committed while defendant was free on bail ( People v Garcia, 84 N.Y.2d 336).

Concur — Rosenberger, J.P., Asch, Williams and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. REYES
(Nov 14, 1995)