What is the test for determining whether a defendant has committed a criminal offence?
"New York", United States of America
The following excerpt is from People v. Sweat, 2014 N.Y. Slip Op. 07292, 23 N.E.3d 955, 24 N.Y.3d 348, 998 N.Y.S.2d 688 (N.Y. 2014):
Court, [t]he test may be stated as: what does the court primarily seek to accomplish by imposing sentence? (Shillitani v. United States, 384 U.S. 364, 370, 86 S.Ct. 1531, 16 L.Ed.2d 622 [1966].)
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