People v. Humphrey

Appellate Division of the Supreme Court of New York

People v. Humphrey

244 A.D.2d 502, 665 N.Y.S.2d 571, 1997 N.Y. App. Div. LEXIS 11556

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1997·Published·Cited by 1 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered October 16, 1995, convicting him of attempted robbery in the first degree and attempted robbery in the third degree, upon a jury verdict, and sentencing him to consecutive indeterminate terms of 5 to 15 years imprisonment and lVs to 4 years imprisonment, respectively.

Ordered that the judgment is affirmed.

[503]*503The imposition of consecutive sentences was proper since the acts of attempting to rob the two complainants were separate and distinct, although they occurred within a single transaction (see, People v Truesdell, 70 NY2d 809, 811; People v White, 192 AD2d 736). Moreover, the sentences imposed were not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. O’Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered October 16, 1995, convicting him of attempted robbery in the first degree and attempted robbery in the third degree, upon a jury verdict, and sentencing him to consecutive indeterminate terms of 5 to 15 years imprisonment and lVs to 4 years imprisonment, respectively.

Ordered that the judgment is affirmed.

[503]*503The imposition of consecutive sentences was proper since the acts of attempting to rob the two complainants were separate and distinct, although they occurred within a single transaction (see, People v Truesdell, 70 NY2d 809, 811; People v White, 192 AD2d 736). Moreover, the sentences imposed were not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. O’Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.

People v. Humphrey, 244 A.D.2d 502, 665 N.Y.S.2d 571, 1997 N.Y. App. Div. LEXIS 11556 (N.Y. Ct. App. 1997).

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Opinion

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