PEOPLE v. REYES


221 A.D.2d 202 (1995)

633 N.Y.S.2d 307

The People of the State of New York, Appellant, v. Roberto Garcia Reyes, Also Known as Roberto Reyes Garcia, Respondent

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

November 14, 1995


The People's claim on appeal that the sentence imposed was illegal is not preserved for appellate review (People v Santiago, 80 N.Y.2d 916). In any event, the sentencing court's findings that defendant did not use a weapon in one of the robberies and that the other robbery did not result in injuries bore directly on the manner in which the robberies were committed. Thus they were properly deemed mitigating circumstances

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