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People v. Calhoun

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1023 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Jefferson County Court, Clary, J.

Present — Boomer, J.P., Green, Balio, Fallon and Davis, JJ.


Judgment unanimously affirmed. Memorandum: At the time of sentencing, defendant, a second felony offender (see, Penal Law § 70.06), was "subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed" (Penal Law § 70.25 [2-a]). Thus, the court was required to impose a sentence to run consecutively to the undischarged portion of his prior sentence (see, Penal Law § 70.25 [2-a]; Matter of Rolon v Senkowski, 160 A.D.2d 1072, 1073, appeal dismissed 76 N.Y.2d 772; People ex rel. Wilson v Kelly, 142 A.D.2d 989; People ex rel. Hodge v Wells, 133 A.D.2d 497, 499, lv denied 70 N.Y.2d 613).


Summaries of

People v. Calhoun

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1023 (N.Y. App. Div. 1992)
Case details for

People v. Calhoun

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD CALHOUN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 7, 1992

Citations

186 A.D.2d 1023 (N.Y. App. Div. 1992)