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eBook details

• Title: People State New York v. Michael Colavito
• Author : Supreme Court of New York
• Release Date : January 15, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Judgment of the County Court, Westchester County, rendered October 6, 1964, convicting defendant of robbery in the third degree, upon a plea of guilty, modified, on the law and the facts, so as to provide therein that the sentence of 5 to 7 1/2 years imposed thereby shall run concurrently with the sentence of 2 1/2 to 4 years which had been imposed by the Supreme Court, Bronx County, on September 9, 1964 (Indictment No. 301-64), and that defendant be credited for the time already served. As so modified, judgment affirmed. On September 9, 1964 the Supreme Court, Bronx County, convicted defendant, on his plea of guilty, of robbery in the second degree and sentenced him to 2 1/2 to 4 years imprisonment. The County Court did not state in the judgment under review that the sentence imposed by it was to run concurrently with that previously imposed by the Supreme Court. Therefore, these two sentences must be deemed to run consecutively (Matter of Browne v. New York State Bd. of Parole, 10 N.Y.2d 116). In our opinion the imposition of consecutive, rather than concurrent, sentences was excessive under the circumstances disclosed and constituted an improvident exercise of discretion (People v. Ashley, 13 A.D.2d 839; People v. Williams, 6 A.D.2d 900, affd. 6 N.Y.2d 193). Consequently, this second sentence should be directed to run concurrently with the sentence imposed by the Supreme Court. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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