Case BriefCrim Law, Hughes1/13/15Identity of CasePeople v. Suitte, 90 A.D.2d 80 (N.Y. App. Div. 1982)Page 12 of the casebookSummary of Facts, Procedural HistoryDefendant & appellant Suitte was arrested in January, 1981, with an unregistered gun in his vehicle. This was in violation of a statute in NY making possession of an unregistered firearm a misdemeanor, with a mandatory prison sentence. Meant to be the toughest gun law in the country (at the time). Statute has adiscretionary allowance for a much shorter sentence, which is what Suitte was given. HE had no criminal record, the gun was registered in his home state where he lived before NY, and he had purchased the gun to protect his place of business (but had never used it). He appeals his punishment, judge abused discretion by imprisoning him. Statement of the IssueDid the trial judge abuse his discretion in giving Suitte 30 days plus 3 years probation, the minimum sentence under the statute. HoldingWhere the purpose of the statute is to deter the proliferation of unregistered firearms, and there is someevidence that the statute does accomplish its goal, the judge does not abuse his discretion in giving the minimum sentence to a non-violent, non-criminal offender.ReasoningThe majority decision is written from the perspective of a nonconsequentialist, a retributivist, who considers an act bad in and of itself, without regard for the consequences. An unregistered gun is a bad act, and the proscribed consequence is, at a minimum, that which is defined by the statute. Evaluation The dissenting opinion is written from the perspective of a consequentialist or utilitarian, who defines “good” or “bad” to an action based on the consequences. An unregistered gun in and of itself is not “bad.” It is bad if it harms someone. In this case, no harm was done to anyone. The judge cites the overpopulated prison (in this year, we were not yet number 1 but on our way for population of incarcerated
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