Intermediate appellate courts have the power to reduce a defendant's sentence as an exercise of discretion and in the interest of justice, notwithstanding the legality of the sentence or the lack of abuse of discretion by the sentencing court. See CPL § 470.15(6)(b). Typically, an Appellate Division will state summarily either that it is or is not reducing in the interest of justice. Rarely does the court explain why.
In People v. Williams (3d Dept. 9/24/2009), a unanimous panel of the Third Department affirmed a defendant's sentence of 1-to-3 years for Vehicular Manslaughter 2º and DWI. In refusing to reduce the sentence, the court stated:
While we acknowledge that this Court has broad, plenary power to modify
a sentence that it considers unduly harsh or severe, such is only done
in extraordinary circumstances or where the trial court has abused its
discretion, which we fail to find here. While there may
have been mitigating factors present that County Court considered in
issuing defendant's sentence, the presentence investigation report
detailed her "self absorption" and "apparent indifference to the life
she took." Thus, noting that it was considerably less than the possible
maximum, we decline to disturb defendant's sentence.
(citations omitted). (LC)
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