People v. Scarola

Appellate Division of the Supreme Court of New York

People v. Scarola

186 A.D.2d 78, 588 N.Y.S.2d 154, 1992 N.Y. App. Div. LEXIS 10815

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

DecidedSeptember 24, 1992

StatusPublished

Cited by2 cases

This text of 186 A.D.2d 78 (People v. Scarola) 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. Scarola, 186 A.D.2d 78, 588 N.Y.S.2d 154, 1992 N.Y. App. Div. LEXIS 10815 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 18, 1989, convicting defendant, upon his plea of guilty, of enterprise corruption and conspiracy in the second degree, and sentencing him to consecutive terms of imprisonment of 8Ys to 25 years and 2% to 8 years, respectively, unanimously affirmed.

There is no merit to defendant’s argument that his sentence must be reduced under Penal Law § 70.30 (1) (c), which provides that the aggregate maximum terms of consecutive sentences imposed for two or more crimes, one of which was a class B felony, cannot exceed 30 years. An aggregate sentence that exceeds the statutory limit is not illegal, but is simply to be "deemed” equal to the limitation by the Department of Correctional Services (People v Moore, 61 NY2d 575, 578; People v Byas, 173 AD2d 314, 315, lv denied 78 NY2d 1126).

We have considered defendant’s other argument that the sentence imposed is unduly harsh, and find it to be without merit (see, People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918). Concur—Wallach, J. P., Kupferman, Asch and Rubin, JJ.

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Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 18, 1989, convicting defendant, upon his plea of guilty, of enterprise corruption and conspiracy in the second degree, and sentencing him to consecutive terms of imprisonment of 8Ys to 25 years and 2% to 8 years, respectively, unanimously affirmed.

There is no merit to defendant’s argument that his sentence must be reduced under Penal Law § 70.30 (1) (c), which provides that the aggregate maximum terms of consecutive sentences imposed for two or more crimes, one of which was a class B felony, cannot exceed 30 years. An aggregate sentence that exceeds the statutory limit is not illegal, but is simply to be "deemed” equal to the limitation by the Department of Correctional Services (People v Moore, 61 NY2d 575, 578; People v Byas, 173 AD2d 314, 315, lv denied 78 NY2d 1126).

We have considered defendant’s other argument that the sentence imposed is unduly harsh, and find it to be without merit (see, People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918). Concur—Wallach, J. P., Kupferman, Asch and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 78, 588 N.Y.S.2d 154, 1992 N.Y. App. Div. LEXIS 10815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scarola-nyappdiv-1992.

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