People v. Raymond W.

Appellate Division of the Supreme Court of New York

People v. Raymond W.

61 A.D.3d 1007, 876 N.Y.S.2d 899

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 2009·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered March 8, 2007, finding him to be a youthful offender upon his plea of guilty to robbery in the second degree and attempted robbery in the first degree, and sentencing him, as a youthful offender, to consecutive terms of imprisonment of V-k years to 4 years.

Ordered that the judgment is modified, on the law, to provide that the sentences shall run concurrently with each other; as so modified, the judgment is affirmed.

Having found the defendant to be a youthful offender, the Supreme Court was without authority to impose consecutive sentences with an aggregate total in excess of four years (see Penal Law § 60.02 [2]; § 70.00 [2], [3]; CPL 720.20 [1] [a]; People v Ralph W.C., 21 AD3d 904 [2005]; People v Richard P., 12 AD3d 382 [2004]; People v Lucci, 193 AD2d 623, 624 [1993]; People v Simmons, 188 AD2d 668 [1992]). Spolzino, J.P., Santucci, Angiolillo and Leventhal, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered March 8, 2007, finding him to be a youthful offender upon his plea of guilty to robbery in the second degree and attempted robbery in the first degree, and sentencing him, as a youthful offender, to consecutive terms of imprisonment of V-k years to 4 years.

Ordered that the judgment is modified, on the law, to provide that the sentences shall run concurrently with each other; as so modified, the judgment is affirmed.

Having found the defendant to be a youthful offender, the Supreme Court was without authority to impose consecutive sentences with an aggregate total in excess of four years (see Penal Law § 60.02 [2]; § 70.00 [2], [3]; CPL 720.20 [1] [a]; People v Ralph W.C., 21 AD3d 904 [2005]; People v Richard P., 12 AD3d 382 [2004]; People v Lucci, 193 AD2d 623, 624 [1993]; People v Simmons, 188 AD2d 668 [1992]). Spolzino, J.P., Santucci, Angiolillo and Leventhal, JJ., concur.

People v. Raymond W., 61 A.D.3d 1007, 876 N.Y.S.2d 899 (N.Y. Ct. App. 2009).

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