People v. Nieves

Appellate Division of the Supreme Court of New York

People v. Nieves

94 A.D.3d 671, 942 N.Y.S.2d 787

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

DecidedApril 26, 2012

StatusPublished

Cited by6 cases

This text of 94 A.D.3d 671 (People v. Nieves) 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. Nieves, 94 A.D.3d 671, 942 N.Y.S.2d 787 (N.Y. Ct. App. 2012).

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Opinion

Order, Supreme Court, New York County (Daniel E Conviser, J.), entered on or about March 2, 2010, which denied, on the ground of ineligibility, defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for further proceedings.

As the People concede, defendant is eligible to be considered for resentencing because he is deemed to still be serving a [672]*672sentence for a class B drug felony. Defendant was convicted in 1996 of class B drug felonies and sentenced to concurrent terms of 572 to 11 years. After being released on parole, he was convicted of another felony in 2003 and received a consecutive term of 372 to 7 years. Consecutive terms are treated as a single, aggregate term (see Penal Law § 70.30 [1] [b]; People v Buss, 11 NY3d 553, 557 [2008]). Therefore, defendant is deemed to be serving a sentence of 9 to 18 years, for a conviction that qualifies for possible resentencing. Concur — Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ. [Prior Case History: 27 Misc 3d 585.]

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Order, Supreme Court, New York County (Daniel E Conviser, J.), entered on or about March 2, 2010, which denied, on the ground of ineligibility, defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for further proceedings.

As the People concede, defendant is eligible to be considered for resentencing because he is deemed to still be serving a [672]*672sentence for a class B drug felony. Defendant was convicted in 1996 of class B drug felonies and sentenced to concurrent terms of 572 to 11 years. After being released on parole, he was convicted of another felony in 2003 and received a consecutive term of 372 to 7 years. Consecutive terms are treated as a single, aggregate term (see Penal Law § 70.30 [1] [b]; People v Buss, 11 NY3d 553, 557 [2008]). Therefore, defendant is deemed to be serving a sentence of 9 to 18 years, for a conviction that qualifies for possible resentencing. Concur — Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ. [Prior Case History: 27 Misc 3d 585.]

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Bluebook (online)

94 A.D.3d 671, 942 N.Y.S.2d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nieves-nyappdiv-2012.

Opinion

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