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People v. Murray

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 247 (N.Y. App. Div. 2007)

Opinion

No. 217.

February 13, 2007.

Order, Supreme Court, Bronx County (Peter J. Benitez, J.), entered October 20, 2004, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), for respondent.

Before: Tom, J.P., Sullivan, Nardelli, Gonzalez and Malone, JJ.


The procedure by which the sentencing court determined that defendant was eligible for consecutive sentences did not violate the principles of Apprendi v New Jersey ( 530 US 466). In imposing consecutive sentences for defendant's convictions of robbery in the first degree and assault in the first degree and a concurrent sentence on the conviction of criminal possession of a weapon in the second degree, the court did not engage in any fact-finding, but instead made a legal determination based on facts already found by the jury ( see People v Lloyd, 23 AD3d 296, lv denied 6 NY3d 755 [2005]; United States v White, 240 F3d 127 [2d Cir 2001], cert denied 540 US 857; cf. People v Parks, 95 NY2d 811).


Summaries of

People v. Murray

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 2007
37 A.D.3d 247 (N.Y. App. Div. 2007)
Case details for

People v. Murray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON MURRAY, Appellant

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

Date published: Feb 13, 2007

Citations

37 A.D.3d 247 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1217
829 N.Y.S.2d 106

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