Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Kenny Smith, Also Known as Ricky Johnson, Appellant

253 A.D.2d 688677 N.Y.S.2d 473·New York Supreme Court, Appellate Division·1998·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Kenny Smith, Also Known as Ricky Johnson, Appellant. [677 NYS2d 473] [MAJORITY] Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered July 2, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the first and second degrees, and sentencing him, as a second felony offender, to consecutive terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed. We find no significant mitigating factors authorizing concurrent sentences pursuant to Penal Law § 70.25 (2-b) (see, People v Garcia, 84 NY2d 336). In any event, we perceive no abuse of sentencing discretion. Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.