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, Respondent, v. HERBERT BILLUPS, Appellant.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the defendant's conviction of robbery in the first degree from 12 1/2 to 25 years' imprisonment to 8 to 16 years' imprisonment; as so modified, the judgment is affirmed.

The record demonstrates that the defendant failed to establish a factual basis to support his contention that there existed undisclosed Rosario material (see, People v. Poole, 48 N.Y.2d 144, 149; People v. Jones, 196 A.D.2d 559; cf., People v. Adger, 75 N.Y.2d 723). Accordingly, the trial court properly declined to conduct a hearing with respect to the defendant's Rosario contention.

The defendant's sentence was excessive to the extent indicated.

We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BILLUPS
(Feb 28, 1994)