People v. Scricca

Appellate Division of the Supreme Court of New York

People v. Scricca

51 A.D.2d 704, 380 N.Y.S.2d 226, 1976 N.Y. App. Div. LEXIS 11155

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1976·Published

Opinion

Judgment, Supreme Court, Bronx County, rendered October 29, 1973, convicting the defendant of the crimes of robbery in the first degree, robbery in the third degree and possession of a weapon as a misdemeanor, and imposing consecutive sentences with respect to the robbery in the first degree and robbery in the third degree convictions, is unanimously affirmed. The court notes that by operation of law "the minimum periods of imprisonment merge in and are satisfied by service of the period which has the longest únexpired time to run”. (Penal Law, § 70.30, subd 1, par [b]), and that therefore the aggregate minimum sentence will be eight and one-third years. Concur—Murphy, J. P., Birns, Silverman, Lane and Lynch, JJ.

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Judgment, Supreme Court, Bronx County, rendered October 29, 1973, convicting the defendant of the crimes of robbery in the first degree, robbery in the third degree and possession of a weapon as a misdemeanor, and imposing consecutive sentences with respect to the robbery in the first degree and robbery in the third degree convictions, is unanimously affirmed. The court notes that by operation of law "the minimum periods of imprisonment merge in and are satisfied by service of the period which has the longest únexpired time to run”. (Penal Law, § 70.30, subd 1, par [b]), and that therefore the aggregate minimum sentence will be eight and one-third years. Concur—Murphy, J. P., Birns, Silverman, Lane and Lynch, JJ.

People v. Scricca, 51 A.D.2d 704, 380 N.Y.S.2d 226, 1976 N.Y. App. Div. LEXIS 11155 (N.Y. Ct. App. 1976).

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