People v. Sharpton

Appellate Division of the Supreme Court of New York

People v. Sharpton

294 A.D.2d 605, 742 N.Y.S.2d 585, 2002 N.Y. App. Div. LEXIS 5643

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

DecidedMay 28, 2002

StatusPublished

This text of 294 A.D.2d 605 (People v. Sharpton) 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. Sharpton, 294 A.D.2d 605, 742 N.Y.S.2d 585, 2002 N.Y. App. Div. LEXIS 5643 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered May 11, 2000, convicting him of burglary in the first degree, robbery in the first degree, attempted robbery in the second degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to concurrent definite terms of 10 years’ imprisonment on the convictions of burglary in the first degree and robbery in the first degree, seven years’ imprisonment on the convictions of attempted robbery in the second degree and assault in the second degree, and one-year imprisonment on the conviction of criminal possession of a weapon in the fourth degree.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the terms of imprisonment imposed on the defendant’s convictions of burglary in the first degree and robbery in the first degree from concurrent definite terms of 10 years’ imprisonment to concurrent definite terms of eight years’ imprisonment; as so modified, the judgment is affirmed.

We hold, and the People concede, that under the unique circumstances of this case, the defendant should be sentenced to concurrent definite terms of eight years’ imprisonment for his convictions of the crimes of burglary in the first degree and robbery in the first degree. Santucci, J.P., S. Miller, Krausman and Goldstein, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered May 11, 2000, convicting him of burglary in the first degree, robbery in the first degree, attempted robbery in the second degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to concurrent definite terms of 10 years’ imprisonment on the convictions of burglary in the first degree and robbery in the first degree, seven years’ imprisonment on the convictions of attempted robbery in the second degree and assault in the second degree, and one-year imprisonment on the conviction of criminal possession of a weapon in the fourth degree.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the terms of imprisonment imposed on the defendant’s convictions of burglary in the first degree and robbery in the first degree from concurrent definite terms of 10 years’ imprisonment to concurrent definite terms of eight years’ imprisonment; as so modified, the judgment is affirmed.

We hold, and the People concede, that under the unique circumstances of this case, the defendant should be sentenced to concurrent definite terms of eight years’ imprisonment for his convictions of the crimes of burglary in the first degree and robbery in the first degree. Santucci, J.P., S. Miller, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

294 A.D.2d 605, 742 N.Y.S.2d 585, 2002 N.Y. App. Div. LEXIS 5643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sharpton-nyappdiv-2002.