New York Court of Appeals

The People of the State of New York, Appellant v. Andre Garcia, Respondent

October 27, 199484 N.Y.2d 336

Summary

The Court affirmed the trial court's concurrent sentencing, holding that lack of injury to others and nondisplay of a weapon are mitigating circumstances that bear directly on the manner of the crime under Penal Law § 70.25(2‑b), and that consideration of other non‑qualifying factors does not invalidate the discretion.