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.
Holding
- Standard governing intermediate appellate review of sentence severity. An intermediate appellate court reviewing a legally authorized sentence under its interest-of-justice jurisdiction must determine whether the sentence is unduly harsh or severe. A defendant need not demonstrate extraordinary circumstances or an abuse of discretion by the sentencing court to obtain a reduction.