People v. Fucci

Appellate Division of the Supreme Court of New York

People v. Fucci

16 A.D.3d 597, 790 N.Y.S.2d 891, 2005 N.Y. App. Div. LEXIS 2963

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

DecidedMarch 21, 2005

StatusPublished

Cited by3 cases

This text of 16 A.D.3d 597 (People v. Fucci) 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. Fucci, 16 A.D.3d 597, 790 N.Y.S.2d 891, 2005 N.Y. App. Div. LEXIS 2963 (N.Y. Ct. App. 2005).

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Opinion

Appeal by the defendant from three judgments of the County Court, Rockland County (Kelly, J.), all rendered August 2, 2001, convicting him of criminal sale of a controlled substance in the third degree under indictment No. 01-00081, criminal possession of a controlled substance in the second degree under indictment No. 01-00082, and conspiracy in the fourth degree under indictment No. 01-00084, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

Since the defendant was sentenced as a second felony offender, the sentences imposed were required to run consecutively to the defendant’s undischarged sentence on the defendant’s prior conviction, notwithstanding the County Court’s silence on the issue (see Penal Law § 70.25 [2-a]; Matter of Madison v Goord, 274 AD2d 483, 484 [2000]; People v Hansen, 267 AD2d 474, 475 [1999]). Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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Appeal by the defendant from three judgments of the County Court, Rockland County (Kelly, J.), all rendered August 2, 2001, convicting him of criminal sale of a controlled substance in the third degree under indictment No. 01-00081, criminal possession of a controlled substance in the second degree under indictment No. 01-00082, and conspiracy in the fourth degree under indictment No. 01-00084, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

Since the defendant was sentenced as a second felony offender, the sentences imposed were required to run consecutively to the defendant’s undischarged sentence on the defendant’s prior conviction, notwithstanding the County Court’s silence on the issue (see Penal Law § 70.25 [2-a]; Matter of Madison v Goord, 274 AD2d 483, 484 [2000]; People v Hansen, 267 AD2d 474, 475 [1999]). Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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Bluebook (online)

16 A.D.3d 597, 790 N.Y.S.2d 891, 2005 N.Y. App. Div. LEXIS 2963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fucci-nyappdiv-2005.

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