People v. Rickett

Appellate Division of the Supreme Court of New York

People v. Rickett

171 A.D.2d 908, 567 N.Y.S.2d 190, 1991 N.Y. App. Div. LEXIS 2636

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

DecidedMarch 7, 1991

StatusPublished

Cited by3 cases

This text of 171 A.D.2d 908 (People v. Rickett) 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. Rickett, 171 A.D.2d 908, 567 N.Y.S.2d 190, 1991 N.Y. App. Div. LEXIS 2636 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered December 21, 1989, which resentenced defendant following his conviction of the crime of burglary in the third degree.

After originally sentencing defendant as a second felony offender to a prison term of 3 to 6 years, the sentence to run concurrent to the remainder of a prior unserved sentence, County Court resentenced defendant to a prison term of 2 Vi to 5 years, the sentence to run consecutive with the prior unfinished sentence. Defendant first contends that his resentence was improper. However, because defendant’s initial sentence was illegal, in that County Court was required to impose a consecutive rather than a concurrent sentence (Penal Law § 70.25 [2-a]), the court had the inherent power to correct any error that it made at sentencing (see, People v Wright, 56 NY2d 613, 614). Nor can it be said that the sentence defendant ultimately received was harsh or excessive. First, defendant specifically acknowledged at his plea that no promises regarding sentence had been made. Furthermore, three other [909]*909charges were dropped as a result of the plea arrangement. These circumstances, coupled with defendant’s criminal record and the fact that he committed this crime while on parole, do not warrant reduction of the sentence (see, People v Dean, 155 AD2d 774, 775, Iv denied 75 NY2d 812; People v McManus, 124 AD2d 305).

Judgment affirmed. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.

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Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered December 21, 1989, which resentenced defendant following his conviction of the crime of burglary in the third degree.

After originally sentencing defendant as a second felony offender to a prison term of 3 to 6 years, the sentence to run concurrent to the remainder of a prior unserved sentence, County Court resentenced defendant to a prison term of 2 Vi to 5 years, the sentence to run consecutive with the prior unfinished sentence. Defendant first contends that his resentence was improper. However, because defendant’s initial sentence was illegal, in that County Court was required to impose a consecutive rather than a concurrent sentence (Penal Law § 70.25 [2-a]), the court had the inherent power to correct any error that it made at sentencing (see, People v Wright, 56 NY2d 613, 614). Nor can it be said that the sentence defendant ultimately received was harsh or excessive. First, defendant specifically acknowledged at his plea that no promises regarding sentence had been made. Furthermore, three other [909]*909charges were dropped as a result of the plea arrangement. These circumstances, coupled with defendant’s criminal record and the fact that he committed this crime while on parole, do not warrant reduction of the sentence (see, People v Dean, 155 AD2d 774, 775, Iv denied 75 NY2d 812; People v McManus, 124 AD2d 305).

Judgment affirmed. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.

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Bluebook (online)

171 A.D.2d 908, 567 N.Y.S.2d 190, 1991 N.Y. App. Div. LEXIS 2636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rickett-nyappdiv-1991.

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