People v. Burroughs

Appellate Division, First Department · 2021 · Criminal Law

Criminal LawSentencingAppellate Reviewcriminal appealsentenceexcessive sentenceaffirmanceNew York

Facts

The opinion identifies the case as a criminal prosecution by the People against defendant Tyshawn Burroughs. Defendant appealed from a judgment rendered in Supreme Court, New York County, on January 9, 2019. The only substantive matter addressed in the opinion is whether the sentence was excessive. No further underlying facts of the offense or sentencing circumstances are stated in the majority text provided.

Issue

Whether the sentence imposed on defendant was excessive on appellate review. Whether the judgment should be affirmed where the court found no excessiveness in the sentence.

Rule

A criminal judgment will be affirmed on appeal where the appellate court finds that the sentence is not excessive.

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In Manhattan, Devon Price was convicted of a felony in a New York trial court and filed an appeal challenging only the severity of the sentence. After argument and deliberation, the appellate court expressly states that the sentence is not excessive.

What is the proper appellate disposition?

Explanation. The governing rule from the majority opinion is narrow: when the appellate court finds that the sentence is not excessive, it affirms the judgment. The opinion does not announce any further test or alternative disposition. (Derived from People v. Burroughs (n.d.).)