People v. Ralph W.C.

Appellate Division of the Supreme Court of New York

People v. Ralph W.C.

21 A.D.3d 904, 800 N.Y.S.2d 599

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

DecidedSeptember 6, 2005

StatusPublished

Cited by5 cases

This text of 21 A.D.3d 904 (People v. Ralph W.C.) 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. Ralph W.C., 21 A.D.3d 904, 800 N.Y.S.2d 599 (N.Y. Ct. App. 2005).

Pincite

Opinion

[905]*905Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered October 21, 2003, convicting him of burglary in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of one to three years, upon his adjudication as a youthful offender, to run consecutively to a sentence of seven years’ imprisonment imposed upon a conviction in the State of New Jersey.

Ordered that the judgment is modified, on the law, by deleting the provision thereof that the sentence is to run consecutively to the sentence of seven years’ imprisonment imposed upon the conviction in the State of New Jersey, and substituting therefor a provision that the sentences are to run concurrently with each other; as so modified, the judgment is affirmed.

Having adjudicated the defendant as a youthful offender, the County Court was without authority to impose consecutive sentences in excess of four years (see Penal Law § 60.02 [2]; § 70.00 [2], [3]; CPL 720.20 [1] [a]; People v Richard P., 12 AD3d 382 [2004]; People v Lucci, 193 AD2d 623, 624 [1993]; People v Simmons, 188 AD2d 668 [1992]). Adams, J.P., Cozier, Ritter and Skelos, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[905]*905Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered October 21, 2003, convicting him of burglary in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of one to three years, upon his adjudication as a youthful offender, to run consecutively to a sentence of seven years’ imprisonment imposed upon a conviction in the State of New Jersey.

Ordered that the judgment is modified, on the law, by deleting the provision thereof that the sentence is to run consecutively to the sentence of seven years’ imprisonment imposed upon the conviction in the State of New Jersey, and substituting therefor a provision that the sentences are to run concurrently with each other; as so modified, the judgment is affirmed.

Having adjudicated the defendant as a youthful offender, the County Court was without authority to impose consecutive sentences in excess of four years (see Penal Law § 60.02 [2]; § 70.00 [2], [3]; CPL 720.20 [1] [a]; People v Richard P., 12 AD3d 382 [2004]; People v Lucci, 193 AD2d 623, 624 [1993]; People v Simmons, 188 AD2d 668 [1992]). Adams, J.P., Cozier, Ritter and Skelos, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

21 A.D.3d 904, 800 N.Y.S.2d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ralph-wc-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack