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People v. Fucci

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 597 (N.Y. App. Div. 2005)

Opinion

2002-07054, 2002-07055, 2002-07056.

March 21, 2005.

Appeal by the defendant from three judgments of the County Court, Rockland County (Kelly, J.), all rendered August 2, 2001, convicting him of criminal sale of a controlled substance in the third degree under indictment No. 01-00081, criminal possession of a controlled substance in the second degree under indictment No. 01-00082, and conspiracy in the fourth degree under indictment No. 01-00084, upon his pleas of guilty, and imposing sentences.

Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.


Ordered that the judgments are affirmed.

Since the defendant was sentenced as a second felony offender, the sentences imposed were required to run consecutively to the defendant's undischarged sentence on the defendant's prior conviction, notwithstanding the County Court's silence on the issue ( see Penal Law § 70.25 [2-a]; Matter of Madison v. Goord, 274 AD2d 483, 484; People v. Hansen, 267 AD2d 474, 475).


Summaries of

People v. Fucci

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 597 (N.Y. App. Div. 2005)
Case details for

People v. Fucci

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FUCCI, Appellant

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

Date published: Mar 21, 2005

Citations

16 A.D.3d 597 (N.Y. App. Div. 2005)
790 N.Y.S.2d 891

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