People v. Beckwith

Appellate Division of the Supreme Court of New York

People v. Beckwith

270 A.D.2d 798, 705 N.Y.S.2d 315, 2000 N.Y. App. Div. LEXIS 3400

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

DecidedMarch 29, 2000

StatusPublished

Cited by4 cases

This text of 270 A.D.2d 798 (People v. Beckwith) 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. Beckwith, 270 A.D.2d 798, 705 N.Y.S.2d 315, 2000 N.Y. App. Div. LEXIS 3400 (N.Y. Ct. App. 2000).

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Opinion

—Judgment modified on the law and as modified affirmed in accordance with the following Memorandum: Upon defendant’s conviction of criminal trespass in the second degree (Penal Law § 140.15) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]), County Court imposed consecutive definite sentences of imprisonment of one year and six months. Because those offenses were committed as part of a single incident, imposition of consecutive sentences aggregating more than one year is illegal (see, Penal Law § 70.25 [3]; People v Silvagnio, 79 AD2d 1112). We therefore modify the judgment by providing that the sentences shall run concurrently.

[799]*799All concur, Callahan, J., not participating. (Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Trespass, 2nd Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Hurlbutt and Callahan, JJ.

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—Judgment modified on the law and as modified affirmed in accordance with the following Memorandum: Upon defendant’s conviction of criminal trespass in the second degree (Penal Law § 140.15) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]), County Court imposed consecutive definite sentences of imprisonment of one year and six months. Because those offenses were committed as part of a single incident, imposition of consecutive sentences aggregating more than one year is illegal (see, Penal Law § 70.25 [3]; People v Silvagnio, 79 AD2d 1112). We therefore modify the judgment by providing that the sentences shall run concurrently.

[799]*799All concur, Callahan, J., not participating. (Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Trespass, 2nd Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Hurlbutt and Callahan, JJ.

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Bluebook (online)

270 A.D.2d 798, 705 N.Y.S.2d 315, 2000 N.Y. App. Div. LEXIS 3400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beckwith-nyappdiv-2000.

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