People v. Salter

Appellate Division of the Supreme Court of New York

People v. Salter

39 A.D.2d 593, 331 N.Y.S.2d 739, 1972 N.Y. App. Div. LEXIS 4926

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

DecidedApril 17, 1972

StatusPublished

Cited by5 cases

This text of 39 A.D.2d 593 (People v. Salter) 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. Salter, 39 A.D.2d 593, 331 N.Y.S.2d 739, 1972 N.Y. App. Div. LEXIS 4926 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 8, 1970, convicting him of resisting arrest and driving while intoxicated, upon his guilty plea, and sentencing him to one year for each said crime, the sentences to run consecutively. Judgment modified, on the law, to make the sentences run concurrently. As so modified, judgment affirmed. Defendant was arrested for driving while intoxicated and resisted the arrest. He pleaded guilty to both offenses and was sentenced to two consecutive terms of one year each. In our opinion, these offenses were committed as “parts of a single incident or transaction”; áecordingly, the aggregate of definite terms imposed may not exceed one year (Penal Law, § 70.25, subd. 3). The judgment is modified to make the sentences run concurrently (Code Crim. Pro., § 543, subd. 1; People v. Salter, 192 App. Div. 435; cf. CPL 470.15, subd. 2, 470.20, subd. 6). Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur,

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 8, 1970, convicting him of resisting arrest and driving while intoxicated, upon his guilty plea, and sentencing him to one year for each said crime, the sentences to run consecutively. Judgment modified, on the law, to make the sentences run concurrently. As so modified, judgment affirmed. Defendant was arrested for driving while intoxicated and resisted the arrest. He pleaded guilty to both offenses and was sentenced to two consecutive terms of one year each. In our opinion, these offenses were committed as “parts of a single incident or transaction”; áecordingly, the aggregate of definite terms imposed may not exceed one year (Penal Law, § 70.25, subd. 3). The judgment is modified to make the sentences run concurrently (Code Crim. Pro., § 543, subd. 1; People v. Salter, 192 App. Div. 435; cf. CPL 470.15, subd. 2, 470.20, subd. 6). Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur,

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Bluebook (online)

39 A.D.2d 593, 331 N.Y.S.2d 739, 1972 N.Y. App. Div. LEXIS 4926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salter-nyappdiv-1972.

Opinion

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