## Facts

- James Suitte, age 46, was arrested in January 1981 for unauthorized use of a motor vehicle; during the arrest, police found him carrying a loaded Sterling .25 caliber pistol.
- Suitte had legally purchased and registered the pistol in North Carolina in 1973 but carried it in New York for about seven-and-a-half years without a New York license.
- Suitte had no prior criminal convictions, was married with two children, had three years of college, and operated a tailor shop in the Bronx.
- Suitte admitted he knew New York required a license but claimed he carried the gun for protection due to crime near his business.
- Charged with third-degree criminal possession of a weapon (a felony), Suitte pled guilty under a plea bargain to fourth-degree criminal possession of a weapon (a class A misdemeanor).
- The sentencing court imposed 30 days’ imprisonment and three years’ probation, with the jail time served concurrently as a condition of probation; execution was stayed pending appeal.
- The sentencing occurred under a recently enacted firearms statute reflecting a legislative judgment for swift punishment for possession of a loaded firearm outside the home or place of business, while permitting reduced sentences for certain first-time offenders.

## Issues

1. Whether a 30-day custodial term imposed as a condition of probation for a first-time offender convicted of misdemeanor weapon possession was excessive or an abuse of sentencing discretion.

## Decision

- The Appellate Division affirmed the judgment of sentence.
- The court held the 30-day jail term plus probation was not excessive and did not constitute an abuse of discretion.
- The majority emphasized deference to the sentencing court’s assessment and the legislature’s strong deterrence-oriented firearms policy.
- A dissent would have reduced or eliminated incarceration as unduly harsh on these facts.

## Legal Principles

- Appellate review of a lawful sentence is limited; an appellate court may reduce a sentence in the interest of justice but generally will not substitute its judgment for the sentencing court absent an abuse of discretion.
- A sentence within statutory limits is ordinarily sustained unless it is inconsistent with sound sentencing principles or reflects an abuse of discretion.
- In firearm-possession cases, courts may treat general deterrence and uniform enforcement as dominant sentencing considerations, even for sympathetic first-time offenders, when legislative policy indicates heightened concern.

## Conclusion

The court upheld a short jail term imposed with probation for unlicensed possession of a loaded handgun, reasoning that the sentencing court acted within its discretion and that the legislature’s deterrence-focused firearms policy supported some incarceration despite substantial mitigating circumstances.


People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 (N.Y. App. Div. 2d Dep’t 1982)