PEOPLE v. MATIAS

Ind. No. 1832/92. Appeal No. 15963. Case No. 2020-03839.

205 A.D.3d 557 (2022)

168 N.Y.S.3d 67

2022 NY Slip Op 03332

The People of the State of New York, Respondent, v. Jose Matias, Appellant.

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

Decided May 19, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Natalie Rea of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( John T. Komondorea of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.


Defendant's discretionary sentence of 50 years to life, imposed for a double murder he committed at the age of 16, was not unconstitutional. The motion court (68 Misc.3d 352 [Sup Ct, Bronx County 2020]), in a thorough decision, properly declined to set aside the sentence or grant any other relief.

Defendant was 16 years old when he fired multiple shots at the unarmed victims, two brothers aged 17 and 21, killing them. The court imposed the maximum sentence of 25 years...

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