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People ex Rel. Pickett v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 723 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Wyoming County Court.

Present — Marsh, P.J., Simons, Mahoney, Goldman and Del Vecchio, JJ.


Judgment unanimously affirmed. Memorandum: Relator was convicted of two counts of criminally selling a dangerous drug in the fourth degree for sales occurring May 23, 1972 and June 2, 1972. He was sentenced to consecutive terms of imprisonment. He charges that since the trial court had denied his pretrial motion to sever the two counts he may not be sentenced to consecutive terms. He raised the same objection at his sentencing, unsuccessfully. There is nothing in the record to suggest that the sales were other than separate and distinct transactions, properly joined for trial under CPL 200.20 (subd 2, par [c]) but for which consecutive sentences could legally be imposed.


Summaries of

People ex Rel. Pickett v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 723 (N.Y. App. Div. 1975)
Case details for

People ex Rel. Pickett v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDMUND VICTOR PICKETT…

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 723 (N.Y. App. Div. 1975)