2025 NY Slip Op 00123

The Appellate Division, when reviewing a challenge to the severity of a sentence, must determine whether the sentence is “unduly harsh or severe,” without requiring the defendant to show extraordinary circumstances or abuse of discretion by the sentencing court.

Summary

In this case, the New York Court of Appeals addressed the proper standard the Appellate Division must apply when reviewing a challenge to the severity of a sentence. The Court held that the Appellate Division erred by applying a standard that required the defendant to demonstrate extraordinary circumstances or an abuse of discretion by the sentencing court. The Court of Appeals emphasized that the correct standard is whether the sentence is “unduly harsh or severe,” a determination made in the interest of justice and without deference to the sentencing court. The case underscores the Appellate Division’s broad authority to modify sentences it deems excessive.

Facts

While incarcerated for manslaughter, Jason Brisman was involved in a fight with another inmate. During the fight, Brisman cut his finger, and his opponent sustained a facial wound. Correction officers discovered a sharpened porcelain shard near Brisman. Brisman was convicted of promoting prison contraband and sentenced as a second felony offender to 3½ to 7 years in prison. The Appellate Division rejected Brisman’s challenge to the sentence’s severity, stating that there were “no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence in the interest of justice.”

Procedural History

Brisman was convicted in the trial court and sentenced to 3½ to 7 years. The Appellate Division affirmed the sentence, applying an “extraordinary circumstances or abuse of discretion” standard. The Court of Appeals then reviewed the case, focusing on the standard of review employed by the Appellate Division, and reversed, remitting the matter back to the Appellate Division.

Issue(s)

1. Whether the Appellate Division applied the correct legal standard when reviewing the severity of Brisman’s sentence.

Holding

1. No, because the Appellate Division applied an incorrect standard, requiring a showing of extraordinary circumstances or abuse of discretion instead of determining whether the sentence was unduly harsh or severe.

Court’s Reasoning

The Court of Appeals began by acknowledging the Appellate Division’s “broad, plenary power” to modify a sentence that is “unduly harsh or severe.” The Court clarified that the standard for such review is purely based on the interest of justice. The Court found that the Appellate Division’s use of the “extraordinary circumstances or abuse of discretion” standard was incorrect. The Court pointed to the plain language of CPL 470.15(6)(b), which empowers the Appellate Division to modify a sentence “though legal, was unduly harsh or severe.” The Court also reviewed the historical context, highlighting that the Appellate Division has long held the power to reduce sentences deemed “excessive.” The Court distinguished cases where abuse of discretion is the correct standard, such as in the admission of evidence, from cases involving sentence severity, where the standard is purely the interest of justice. The Court emphasized that the Appellate Division’s determination should be made without deference to the sentencing court, contrary to the standard applied by the Appellate Division in this case. The Court highlighted how, after this case, the Third Department abandoned the “extraordinary circumstances or abuse of discretion” standard, further supporting its holding. The Court found the dissent’s interpretation of precedent, specifically People v Delgado, to be flawed and inconsistent with the Appellate Division’s jurisprudence. As the Court stated, “a criminal defendant need not show extraordinary circumstances or an abuse of discretion by the sentencing court in order to obtain a sentence reduction under CPL 470.15 (6) (b).”

Practical Implications

This decision clarifies the standard of review for excessive sentence claims in New York. It reinforces that the Appellate Division must independently determine whether a sentence is unduly harsh or severe. Attorneys should advise their clients that they do not need to show extraordinary circumstances or abuse of discretion to seek a sentence reduction on appeal. This case likely changes the way attorneys argue excessive sentence claims. It confirms the Appellate Division’s broad power to review sentences and can lead to more frequent successful sentence reductions in cases where the Appellate Division finds the original sentence excessive. Later cases will likely cite Brisman when challenging the Appellate Division’s standard of review in excessive sentencing cases.