PEOPLE v. BURKE


39 N.Y.2d 729 (1976)

The People of the State of New York, Respondent, v. Charles Burke, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1976.


Attorney(s) appearing for the Case

Michael Lee Hertzberg and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Billie Manning of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion.


Order affirmed in the following memorandum: The order of the Appellate Division should be affirmed on the ground that at sentencing the Assistant District Attorney gave his reasons for recommending a minimum sentence, namely, the commission of the crime by knife, the stabbing of the victim because he did not pay the money over fast enough, and that the defendant had a record. Notably the court imposed the minimum sentence (with...

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