New York Court of Appeals

People v. Brisman

January 9, 202543 N.Y.3d 322

Summary

The Court held that an intermediate appellate court reviewing a legally authorized sentence must determine whether the sentence is unduly harsh or severe, rather than require extraordinary circumstances or an abuse of discretion by the sentencing court. Because the Appellate Division applied the improper standard in rejecting defendant's sentence challenge, the Court reversed and remitted for review under the correct standard.