People v. Calhoun

Appellate Division of the Supreme Court of New York

People v. Calhoun

186 A.D.2d 1023, 590 N.Y.S.2d 823, 1992 N.Y. App. Div. LEXIS 11582

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

DecidedOctober 7, 1992

StatusPublished

This text of 186 A.D.2d 1023 (People v. Calhoun) 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. Calhoun, 186 A.D.2d 1023, 590 N.Y.S.2d 823, 1992 N.Y. App. Div. LEXIS 11582 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Judgment unanimously affirmed. Memorandum: At the time of sentencing, defendant, a second felony offender (see, Penal Law § 70.06), was "subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed” (Penal Law § 70.25 [2-a]). Thus, the court was required to impose a sentence to run consecutively to the undischarged portion of his prior sentence (see, Penal Law § 70.25 [2-a]; Matter of Rolon v Senkowski, 160 AD2d 1072, 1073, appeal dismissed 76 NY2d 772; People ex rel. Wilson v Kelly, 142 AD2d 989; People ex rel. Hodge v Wells, 133 AD2d 497, 499, lv denied 70 NY2d 613). (Appeal from Judgment of Jefferson County Court, Clary, J. — Burglary, 2nd Degree.) Present — Boomer, J. P., Green, Balio, Fallon and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously affirmed. Memorandum: At the time of sentencing, defendant, a second felony offender (see, Penal Law § 70.06), was "subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed” (Penal Law § 70.25 [2-a]). Thus, the court was required to impose a sentence to run consecutively to the undischarged portion of his prior sentence (see, Penal Law § 70.25 [2-a]; Matter of Rolon v Senkowski, 160 AD2d 1072, 1073, appeal dismissed 76 NY2d 772; People ex rel. Wilson v Kelly, 142 AD2d 989; People ex rel. Hodge v Wells, 133 AD2d 497, 499, lv denied 70 NY2d 613). (Appeal from Judgment of Jefferson County Court, Clary, J. — Burglary, 2nd Degree.) Present — Boomer, J. P., Green, Balio, Fallon and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

186 A.D.2d 1023, 590 N.Y.S.2d 823, 1992 N.Y. App. Div. LEXIS 11582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calhoun-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack