PEOPLE v. HEMMINGS


2 N.Y.3d 1 (2004)

808 N.E.2d 336

776 N.Y.S.2d 201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEXTER HEMMINGS, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 2004.


Attorney(s) appearing for the Case

White & White, New York City (Brendan White and Diarmuid White of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia J. Pree, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.


OPINION OF THE COURT

GRAFFEO, J.

In this case, we must determine whether sentencing courts have discretion to allow more than one person to make a victim impact statement at sentencing, beyond the single statement from the victim or victim's surrogate mandated in CPL 380.50 (2). We hold that they do and, under the circumstances of this case, conclude that the sentencing court did not abuse its discretion in allowing five people to make statements at defendant...

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