PEOPLE v. ROBERTS


120 A.D.2d 465 (1986)

The People of the State of New York, Respondent, v. Michael Roberts, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 27, 1986


Defendant's sentence must be vacated as the court below, in sentencing defendant to the maximum term permitted by law, was improperly influenced by its belief that defendant had received a "hopelessly inadequate" one-year sentence on his prior conviction. We have previously noted that it is inappropriate for a Judge to take into consideration in formulating a sentence his opinion that the defendant's prior sentences by other Judges were "less than adequate". (People v...

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