PEOPLE v. GARCIA


84 N.Y.2d 336 (1994)

642 N.E.2d 1077

618 N.Y.S.2d 621

The People of the State of New York, Appellant, v. Andre Garcia, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1994.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Kathleen E. Fay and Norman Barclay of counsel), for appellant.

David B. Affler, New York City, and Philip L. Weinstein for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.


BELLACOSA, J.

The issue on this appeal involves the meaning and application of the "mitigating circumstance[ ]" sentencing authorization in Penal Law § 70.25 (2-b). Specifically, we must decide whether the trial court appropriately exercised its narrow statutorily invested discretion in imposing a concurrent rather than consecutive sentence for a violent felony crime committed while defendant was free on...

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