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People v. Leabo

644 N.E.2d 1376, 84 N.Y.2d 952, 620 N.Y.S.2d 820, 1994 N.Y. LEXIS 4115
CourtNew York Court of Appeals
DecidedDecember 6, 1994
StatusPublished
Cited by36 cases

This text of 644 N.E.2d 1376 (People v. Leabo) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Leabo, 644 N.E.2d 1376, 84 N.Y.2d 952, 620 N.Y.S.2d 820, 1994 N.Y. LEXIS 4115 (N.Y. 1994).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Pursuant to a negotiated plea agreement, defendant was sentenced to a one-to-three-year indeterminate term of imprisonment on his conviction for driving while intoxicated as a felony and a one-year determinate sentence on his conviction for fourth degree criminal mischief. As the court below noted, Penal Law § 70.35 is applicable, since the criminal mischief offense was committed before the indeterminate sentence was imposed. That statute, which provides that "service of an indeterminate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate sentence was imposed,” contemplates that the definite and indeterminate sentences will be served concurrently. Accordingly, the Appellate Division correctly modified defendant’s sentence to make the indeterminate and definite terms run concurrently rather than consecutively, as the trial court had directed.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Order affirmed in a memorandum.

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Bluebook (online)
644 N.E.2d 1376, 84 N.Y.2d 952, 620 N.Y.S.2d 820, 1994 N.Y. LEXIS 4115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leabo-ny-1994.