People v. Merriweather

Appellate Division of the Supreme Court of New York

People v. Merriweather

212 A.D.2d 1061, 623 N.Y.S.2d 32, 1995 N.Y. App. Div. LEXIS 2017

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

DecidedFebruary 3, 1995

StatusPublished

This text of 212 A.D.2d 1061 (People v. Merriweather) 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. Merriweather, 212 A.D.2d 1061, 623 N.Y.S.2d 32, 1995 N.Y. App. Div. LEXIS 2017 (N.Y. Ct. App. 1995).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant was sentenced on his prior felony conviction on June 3, 1983, and he committed a second felony on June 10, 1991. Because defendant was sentenced on the earlier conviction within 10 years of his commission of a second felony offense, defendant was properly sentenced as a second felony offender (see, Penal Law § 70.06 [1] [b] [iv]). Because the People were not relying upon the tolling provision of Penal Law § 70.06 (1) (b) (v), they were not required to set forth in the second felony offender statement the periods and places of incarceration of defendant (see, CPL 400.21 [2]). (Appeal from Judgment of Monroe County Court, Connell, J.—Violation of Probation.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant was sentenced on his prior felony conviction on June 3, 1983, and he committed a second felony on June 10, 1991. Because defendant was sentenced on the earlier conviction within 10 years of his commission of a second felony offense, defendant was properly sentenced as a second felony offender (see, Penal Law § 70.06 [1] [b] [iv]). Because the People were not relying upon the tolling provision of Penal Law § 70.06 (1) (b) (v), they were not required to set forth in the second felony offender statement the periods and places of incarceration of defendant (see, CPL 400.21 [2]). (Appeal from Judgment of Monroe County Court, Connell, J.—Violation of Probation.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

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Bluebook (online)

212 A.D.2d 1061, 623 N.Y.S.2d 32, 1995 N.Y. App. Div. LEXIS 2017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-merriweather-nyappdiv-1995.

Opinion

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