Appellate Division of the Supreme Court of New York, 2002

People v. Reeder

Appellate Division of the Supreme Court of New York · Decided October 15, 2002

298 A.D.2d 468; 748 N.Y.S.2d 275; 2002 N.Y. App. Div. LEXIS 9839

Cases that cite this one

9 later published cases cite this decision.

People v. Zowaski (Middletown City Court 2011)
People v. Romero (Appellate Division of the Supreme Court of New York 2010)
People v. Cox (Appellate Division of the Supreme Court of New York 2010)
People v. Durand (Appellate Division of the Supreme Court of New York 2009)
People v. Stanley (Appellate Division of the Supreme Court of New York 2008)
People v. Schrader (Appellate Division of the Supreme Court of New York 2005)
People v. Ponder (Appellate Division of the Supreme Court of New York 2003)
People v. Wilson (Appellate Division of the Supreme Court of New York 2003)
People v. Errington (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered July 15, 1999, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in. the third degree, upon a jury verdict, and sentencing him to concurrent determinate terms of 15 years imprisonment for criminal possession of a weapon in the second degree and seven years imprisonment for criminal possession of a weapon in the third degree.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different justice.

Contrary to the defendant’s contention, the Supreme Court’s Sandoval ruling was a provident exercise of discretion (see People v Walker, 83 NY2d 455; People v Sandoval, 34 NY2d 371; People v Cruz, 176 AD2d 751).

However, we remit the matter to the Supreme Court, Kings County, for resentencing before a different justice. The sentencing court’s remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing (see People v Innis, 288 AD2d 236; People v Santiago, 277 AD2d 258). Feuerstein, J.P., Smith, Goldstein and Luciano, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.