People v. Brisman

Summary

The New York Court of Appeals held that intermediate appellate courts must review excessive‑sentence challenges under the "unduly harsh or severe" standard set by CPL 470.15(b), not under an "extraordinary circumstances" or abuse‑of‑discretion test. Because the Appellate Division applied the wrong standard, the Court reversed the lower court’s order and remanded for reconsideration consistent with the proper standard.