People v. Matthew John G.

Appellate Division of the Supreme Court of New York

People v. Matthew John G.

60 A.D.2d 919, 401 N.Y.S.2d 575, 1978 N.Y. App. Div. LEXIS 9975

Appellate Division of the Supreme Court of the State of New York·Decided January 30, 1978·Published·Cited by 7 cases

Opinion

Appeal by defendant, as limited by his motion, from three sentences of the County Court, Suffolk County, each imposed January 6,1977, upon his adjudication as a youthful offender under Indictments Nos. 1378-75, 1379-75 and 1380-75, the sentences being indeterminate terms of imprisonment, each with a maximum of four years, to be served consecutively. Sentences modified, on the law, by deleting therefrom the provision that they shall be served consecutively and substituting therefor a provision that they shall run concurrently. As so modified, sentences affirmed. If the sentencing court believed that the defendant should be imprisoned for a maximum period of 12 years, it should not have afforded him youthful [920] offender treatment. In sentencing him as a youthful offender to three consecutive four-year terms, the court exceeded its powers (see Penal Law, § 60.02; see, also, People ex rel. Fitzgibbons v Krueger, 66 Misc 2d 146). Rabin, J. P., Gulotta, Shapiro and O’Connor, JJ., concur.

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Appeal by defendant, as limited by his motion, from three sentences of the County Court, Suffolk County, each imposed January 6,1977, upon his adjudication as a youthful offender under Indictments Nos. 1378-75, 1379-75 and 1380-75, the sentences being indeterminate terms of imprisonment, each with a maximum of four years, to be served consecutively. Sentences modified, on the law, by deleting therefrom the provision that they shall be served consecutively and substituting therefor a provision that they shall run concurrently. As so modified, sentences affirmed. If the sentencing court believed that the defendant should be imprisoned for a maximum period of 12 years, it should not have afforded him youthful [920] offender treatment. In sentencing him as a youthful offender to three consecutive four-year terms, the court exceeded its powers (see Penal Law, § 60.02; see, also, People ex rel. Fitzgibbons v Krueger, 66 Misc 2d 146). Rabin, J. P., Gulotta, Shapiro and O’Connor, JJ., concur.

People v. Matthew John G., 60 A.D.2d 919, 401 N.Y.S.2d 575, 1978 N.Y. App. Div. LEXIS 9975 (N.Y. Ct. App. 1978).

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