People v. Vega

Appellate Division of the Supreme Court of New York

People v. Vega

181 A.D.2d 635, 581 N.Y.S.2d 347, 1992 N.Y. App. Div. LEXIS 5271

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

DecidedMarch 31, 1992

StatusPublished

Cited by2 cases

This text of 181 A.D.2d 635 (People v. Vega) 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. Vega, 181 A.D.2d 635, 581 N.Y.S.2d 347, 1992 N.Y. App. Div. LEXIS 5271 (N.Y. Ct. App. 1992).

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Opinion

— Judgment, Supreme Court, New York County (Ira R. Globerman, J., at plea; Angela Mazzarelli, J., at sentence), rendered July 6, 1990, convicting defendant upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 1 to 3 years to run consecutive to a previously imposed sentence of 6 to 12 years rendered in Pennsylvania on April 19, 1990, unanimously reversed, on the law, the sentence vacated, and the matter remanded for resentencing.

As the District Attorney concedes, a misapprehension by the sentencing court regarding its discretion pursuant to Penal Law § 70.25 (4) to impose a term concurrent to a sentence imposed by a court of another jurisdiction requires a resentencing of defendant (People v Jeffries, 166 AD2d 665, lv denied 77 NY2d 962). Concur — Carro, J. P., Wallach, Asch, Smith and Rubin, JJ.

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— Judgment, Supreme Court, New York County (Ira R. Globerman, J., at plea; Angela Mazzarelli, J., at sentence), rendered July 6, 1990, convicting defendant upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 1 to 3 years to run consecutive to a previously imposed sentence of 6 to 12 years rendered in Pennsylvania on April 19, 1990, unanimously reversed, on the law, the sentence vacated, and the matter remanded for resentencing.

As the District Attorney concedes, a misapprehension by the sentencing court regarding its discretion pursuant to Penal Law § 70.25 (4) to impose a term concurrent to a sentence imposed by a court of another jurisdiction requires a resentencing of defendant (People v Jeffries, 166 AD2d 665, lv denied 77 NY2d 962). Concur — Carro, J. P., Wallach, Asch, Smith and Rubin, JJ.

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Bluebook (online)

181 A.D.2d 635, 581 N.Y.S.2d 347, 1992 N.Y. App. Div. LEXIS 5271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vega-nyappdiv-1992.

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