People v. Lorino

Appellate Division of the Supreme Court of New York

People v. Lorino

216 A.D.2d 160, 628 N.Y.S.2d 1009, 1995 N.Y. App. Div. LEXIS 6555

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

DecidedJune 22, 1995

StatusPublished

This text of 216 A.D.2d 160 (People v. Lorino) 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. Lorino, 216 A.D.2d 160, 628 N.Y.S.2d 1009, 1995 N.Y. App. Div. LEXIS 6555 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Joan Carey, J., at plea; Franklin Weissberg, J., at sentence), rendered March 9, 1993, convicting defendant, upon his plea of guilty, of 10 counts of robbery in the first degree, and sentencing him, as a second felony offender, to 10 concurrent terms of 12x/2 to 25 years, unanimously modified, on the law, to the extent of vacating the predicate felony adjudication, and otherwise affirmed.

The People concede, and we agree, that defendant was improperly adjudicated a second felony offender, because sentence upon his predicate felony was not imposed until after the commission of the instant crimes (Penal Law § 70.06 [1] [b] [ii]). As defendant concedes, there is no reason to disturb the sentence, since defendant was also lawfully sentenced pursuant to Penal Law § 70.02 (4) for these class B armed felony offenses. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Joan Carey, J., at plea; Franklin Weissberg, J., at sentence), rendered March 9, 1993, convicting defendant, upon his plea of guilty, of 10 counts of robbery in the first degree, and sentencing him, as a second felony offender, to 10 concurrent terms of 12x/2 to 25 years, unanimously modified, on the law, to the extent of vacating the predicate felony adjudication, and otherwise affirmed.

The People concede, and we agree, that defendant was improperly adjudicated a second felony offender, because sentence upon his predicate felony was not imposed until after the commission of the instant crimes (Penal Law § 70.06 [1] [b] [ii]). As defendant concedes, there is no reason to disturb the sentence, since defendant was also lawfully sentenced pursuant to Penal Law § 70.02 (4) for these class B armed felony offenses. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

216 A.D.2d 160, 628 N.Y.S.2d 1009, 1995 N.Y. App. Div. LEXIS 6555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lorino-nyappdiv-1995.

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