Majority
p. 763The People of the State of New York, Respondent, v Philip Fiorello, Appellant. [947 NYS2d 909]
Inasmuch as “the defendant received the minimum sentence permitted by law, this Court has no authority to reduce [the sentence] as a matter of discretion in the interest of justice” (People v Howard, 50 AD3d 823 , 823 [2008]; see CPL 470.20 [6]; Penal Law §§ 70.00 [3] [a] [ii]; 220.41; People v Wilson, 28 AD3d 796 , 797 [2006]; People v Muller, 294 AD2d 602 [2002]). Mastro, A.P.J., Rivera, Belen, Roman and Sgroi, JJ., concur.
Cases cited
- People v. Howard 50 AD3d 823 at 823 p. 763
- People v. Muller 294 AD2d 602 p. 763