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People v. Goddard

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 379 (N.Y. App. Div. 1985)

Opinion

July 22, 1985

Appeal from the Supreme Court, Kings County (Hayes, J.).


Sentences reversed, on the law, and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

We have reviewed the record and find no merit to defendant's contention that his bargained-for sentences were harsh and excessive ( see, People v. Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d 80). However, where a defendant is convicted on more than one count of a multiple count indictment, the court must pronounce sentence on each count upon which he was convicted (CPL 380.20; see, People v. Richard H., 101 A.D.2d 867; People v Charles, 98 A.D.2d 780). Since that was not done here, defendant must be resentenced. We also note that defendant should have been adjudicated a second violent felony offender (Penal Law § 70.04). Mollen, P.J., Lazer, O'Connor and Niehoff, JJ., concur.


Summaries of

People v. Goddard

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 379 (N.Y. App. Div. 1985)
Case details for

People v. Goddard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY GODDARD…

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

Date published: Jul 22, 1985

Citations

112 A.D.2d 379 (N.Y. App. Div. 1985)

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