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People v. Schettini

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 820 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the judgment is modified, on the law, by deleting the provision that the terms of imprisonment are to run consecutively, and substituting therefor a provision that the terms of imprisonment shall run concurrently to each other; as so modified, the judgment is affirmed.

Viewing the evidence, in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt (see, Penal Law § 15.05; People v Green, 56 N.Y.2d 427; People v Licitra, 47 N.Y.2d 554). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

Since the two victims died as a result of the same series of events caused by the defendant, we agree that the sentences imposed should run concurrently to each other and the defendant's sentence is modified accordingly (see, Penal Law § 70.25; see also, People v Kirkwood, 165 A.D.2d 881; People v Coleman, 153 A.D.2d 756, 757). We do not find, however, that the sentence was otherwise excessive (see, People v Suitte, 90 A.D.2d 80).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit. Lawrence, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Schettini

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 820 (N.Y. App. Div. 1991)
Case details for

People v. Schettini

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARMANDO SCHETTINI…

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 820 (N.Y. App. Div. 1991)
567 N.Y.S.2d 764

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