Barry Kamins (Photo by Rick Kopstein). Appellate Reduction of Sentences Increases
Last year, appellate courts granted sentence reductions and modifications in increasing numbers and under a variety of circumstances, and in many instances they substantially reduced the length of a defendant's incarceration. In his Criminal Law and Procedure column, Barry Kamins discusses several cases where appellate review of sentences resulted in sentence reductions.
January 31, 2022 at 12:15 PM
9 minute read
Appellate review of sentences in 2021 resulted in more sentence reductions than in the previous year. Under the Criminal Procedure Law and New York State Constitution, a reduction of a sentence that is harsh or excessive, can only be granted by the Appellate Division and not the New York Court of Appeals. People v. Thompson, 60 N.Y.2d 513 (1983). An excessive sentence claim may be raised on direct appeal but not in a collateral motion to vacate a sentence as illegal or invalid. People v. Chacko, 119 A.D.3d 955 (2d Dep't 2014).
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