Wethington v. Cole

Appellate Division of the Supreme Court of New York

Wethington v. Cole

203 A.D.2d 968, 612 N.Y.S.2d 1017, 1994 N.Y. App. Div. LEXIS 5027

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

DecidedApril 15, 1994

StatusPublished

This text of 203 A.D.2d 968 (Wethington v. Cole) 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.

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Wethington v. Cole, 203 A.D.2d 968, 612 N.Y.S.2d 1017, 1994 N.Y. App. Div. LEXIS 5027 (N.Y. Ct. App. 1994).

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Opinion

Judgment unanimously affirmed. Memorandum: We conclude that respondents properly computed petitioner’s sentences. Because petitioner was sentenced as a second felony offender, the sentence must run consecutively to his undischarged sentence of imprisonment by operation of law (Penal Law § 70.25 [2-a]). The contention that petitioner’s sentence does not reflect the purported plea bargain agreement is unsupported by the record. Petitioner’s remedy is to apply to the sentencing court for resentencing (see, CPL 440.20 [1]). (Appeal from Judgment of Supreme Court, Oneida County, Parker, J. —Article 78.) Present — Denman, P. J., Green, Lawton, Wesley and Callahan, JJ.

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Judgment unanimously affirmed. Memorandum: We conclude that respondents properly computed petitioner’s sentences. Because petitioner was sentenced as a second felony offender, the sentence must run consecutively to his undischarged sentence of imprisonment by operation of law (Penal Law § 70.25 [2-a]). The contention that petitioner’s sentence does not reflect the purported plea bargain agreement is unsupported by the record. Petitioner’s remedy is to apply to the sentencing court for resentencing (see, CPL 440.20 [1]). (Appeal from Judgment of Supreme Court, Oneida County, Parker, J. —Article 78.) Present — Denman, P. J., Green, Lawton, Wesley and Callahan, JJ.

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Bluebook (online)

203 A.D.2d 968, 612 N.Y.S.2d 1017, 1994 N.Y. App. Div. LEXIS 5027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wethington-v-cole-nyappdiv-1994.

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