The People v. Mamadou Ba

Summary

The New York Court of Appeals reversed the Appellate Term’s refusal to reduce a $500 fine and remanded for a determination whether the sentence was unduly harsh or severe. The Court held that the Appellate Term erred by treating the bargained‑for nature of the sentence as dispositive of the harshness challenge. The decision rests on the broad, plenary power of intermediate appellate courts to modify sentences in the interest of justice.