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People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 565 (N.Y. App. Div. 1985)

Opinion

December 9, 1985

Appeal from the County Court, Suffolk County (Sherman, J.).


Sentence modified, on the law, to the extent of providing that the indeterminate sentence imposed in this case be served concurrently with the previously imposed determinate sentence. As so modified, sentence affirmed.

The People concede that since the offense underlying the violation of probation for which a one-year definite sentence was imposed occurred prior to the imposition of the indeterminate sentence for an unrelated offense, the indeterminate term should not have been imposed to run consecutively with the definite prison term (see, People v Adams, 109 A.D.2d 745; People v Schweickert, 91 A.D.2d 1004, 1005; People v Delgado, 88 A.D.2d 981).

We do not find that the indeterminate sentence imposed after the court determined that defendant was a second felony offender was either unduly harsh or excessive. Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 565 (N.Y. App. Div. 1985)
Case details for

People v. Maldonado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MALDONADO…

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

Date published: Dec 9, 1985

Citations

115 A.D.2d 565 (N.Y. App. Div. 1985)

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