People v. Suitte
Appellate Division of the Supreme Court of New York
455 N.Y.S.2d 675 (1982)
Relevant factsFree
James Suitte (defendant), arrested for unauthorized use of a vehicle, was found with a loaded pistol registered to him in North Carolina but not New York, and pleaded guilty to a reduced charge of fourth-degree weapon possession. Though Suitte had no prior convictions and said he carried the gun for protection at his tailor shop in a high-crime area, the trial judge sentenced him to 30 days' imprisonment and three years' probation, and Suitte appealed the sentence.
IssueFree
Whether a state appellate court may review a trial court's criminal sentencing decision using either a deferential abuse-of-discretion standard or a substituted-discretion standard.