People v. Acevedo

Appellate Division of the Supreme Court of New York

People v. Acevedo

292 A.D.2d 538, 739 N.Y.S.2d 582, 2002 N.Y. App. Div. LEXIS 2971

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2002

StatusPublished

Cited by1 cases

This text of 292 A.D.2d 538 (People v. Acevedo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Acevedo, 292 A.D.2d 538, 739 N.Y.S.2d 582, 2002 N.Y. App. Div. LEXIS 2971 (N.Y. Ct. App. 2002).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 14, 1999, convicting him of criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and sentencing him as a second felony offender to three concurrent terms of 5 to 10 years’ imprisonment.

Ordered that the judgment is modified, on the law, by vacating the sentences and the adjudication of the defendant as a second felony offender, and substituting therefor three concurrent terms of 3Vs to 10 years’ imprisonment; as so modified, the judgment is affirmed.

As the People correctly concede, the defendant was improperly adjudicated a second felony offender, since the sentence imposed upon the defendant’s prior conviction was not imposed before the commission of the present felonies (see, Penal Law § 70.06 [1] [b] [ii]; see also, People v Bell, 73 NY2d 153; People v Juliano, 207 AD2d 414). Therefore, the defendant’s adjudication as a second felony offender is vacated and, pursuant to the agreement of the parties, he is resentenced as a first felony offender to three concurrent terms of SVs to 10 years’ imprisonment. Goldstein, J.P., Luciano, Schmidt and Crane, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 14, 1999, convicting him of criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and sentencing him as a second felony offender to three concurrent terms of 5 to 10 years’ imprisonment.

Ordered that the judgment is modified, on the law, by vacating the sentences and the adjudication of the defendant as a second felony offender, and substituting therefor three concurrent terms of 3Vs to 10 years’ imprisonment; as so modified, the judgment is affirmed.

As the People correctly concede, the defendant was improperly adjudicated a second felony offender, since the sentence imposed upon the defendant’s prior conviction was not imposed before the commission of the present felonies (see, Penal Law § 70.06 [1] [b] [ii]; see also, People v Bell, 73 NY2d 153; People v Juliano, 207 AD2d 414). Therefore, the defendant’s adjudication as a second felony offender is vacated and, pursuant to the agreement of the parties, he is resentenced as a first felony offender to three concurrent terms of SVs to 10 years’ imprisonment. Goldstein, J.P., Luciano, Schmidt and Crane, JJ., concur.

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Bluebook (online)

292 A.D.2d 538, 739 N.Y.S.2d 582, 2002 N.Y. App. Div. LEXIS 2971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-acevedo-nyappdiv-2002.

Opinion

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