People v. Pagan

Appellate Division of the Supreme Court of New York

People v. Pagan

226 A.D.2d 293, 642 N.Y.S.2d 503, 1996 N.Y. App. Div. LEXIS 4615

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

DecidedApril 30, 1996

StatusPublished

This text of 226 A.D.2d 293 (People v. Pagan) 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. Pagan, 226 A.D.2d 293, 642 N.Y.S.2d 503, 1996 N.Y. App. Div. LEXIS 4615 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered September 14, 1995, convicting defendant, upon his plea of guilty, of violating probation, and resentencing him to a term of 1 to 3 years to run consecutively to the sentence of l1/2 to 41/2 years imposed by another Justice for the first-degree attempted robbery conviction that underlies the violation of probation, unanimously modified, on the law, to vacate the sentence, and otherwise affirmed.

As the People concede, the court had no authority to make the sentence for the violation of probation consecutive to the sentence for the attempted robbery conviction when the latter had not yet been imposed, and thereafter, had no authority to resentence defendant to a consecutive term after the attempted robbery court had lawfully provided that the sentences were to be concurrent. Concur—Murphy, P. J., Rubin, Kupferman, Ross and Tom, JJ.

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—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered September 14, 1995, convicting defendant, upon his plea of guilty, of violating probation, and resentencing him to a term of 1 to 3 years to run consecutively to the sentence of l1/2 to 41/2 years imposed by another Justice for the first-degree attempted robbery conviction that underlies the violation of probation, unanimously modified, on the law, to vacate the sentence, and otherwise affirmed.

As the People concede, the court had no authority to make the sentence for the violation of probation consecutive to the sentence for the attempted robbery conviction when the latter had not yet been imposed, and thereafter, had no authority to resentence defendant to a consecutive term after the attempted robbery court had lawfully provided that the sentences were to be concurrent. Concur—Murphy, P. J., Rubin, Kupferman, Ross and Tom, JJ.

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Bluebook (online)

226 A.D.2d 293, 642 N.Y.S.2d 503, 1996 N.Y. App. Div. LEXIS 4615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pagan-nyappdiv-1996.