Legal Question in Criminal Law in New York

att burglary

if a person was aquittted of murder and also charged with att burglary can the judge not go by the sentencing guidelines and give a sentence with no minum and a flat 10 years. and at sentancing relate to saying he cant look past the murder aquiral.


Asked on 1/09/09, 5:57 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: att burglary

While the judge has a great deal of discretion they are still bound by the law. The

Recommendations are law. If another charge is dismissed the judge may still look at the

Totality of the crime in their decision

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Answered on 1/09/09, 6:32 pm


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