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PEOPLE v. DELGADO

80 N.Y.2d 780 (1992)

The People of the State of New York, Respondent, v. Esteban Delgado, Appellant. The People of the State of New York, Respondent, v. Julio Diaz, Appellant. The People of the State of New York, Respondent, v. Darryl Ramsey, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Tamara Detloff and Ira Mickenberg for appellant in the first above-entitled case.

Robert T. Johnson, District Attorney, Bronx County (Eve E. Miller of counsel), for respondent in the first above-entitled case.

Caroline Rule and Ira Mickenberg for appellant in the second above-entitled case.

Robert M. Morgenthau, District Attorney, New York County (Hilary Hassler of counsel), for respondent in the second above-entitled case.

Natalie Rea and Philip L. Weinstein for appellant in the third above-entitled case.

Robert T. Johnson, District Attorney, Bronx County (Y. Gail Goode of counsel), for respondent in the third above-entitled case.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

In each case, the order of the Appellate Division should be affirmed.

An intermediate appellate court has broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range (CPL 470.15 [6] [b]; People v Thompson, 60 N.Y.2d 513, 519). This sentence-review power...

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