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People v. Beckwith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 798 (N.Y. App. Div. 2000)

Opinion

March 29, 2000.

Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Trespass, 2nd Degree.

PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.


Judgment modified on the law and as modified affirmed in accordance with the following Memorandum:

Upon defendant's conviction of criminal trespass in the second degree (Penal Law § 140.15 ) and criminal mischief in the fourth degree ( Penal Law § 145.00 [1]), County Court imposed consecutive definite sentences of imprisonment of one year and six months. Because those offenses were committed as part of a single incident, imposition of consecutive sentences aggregating more than one year is illegal ( see, Penal Law § 70.25 [3]; People v. Silvagnio , 79 A.D.2d 1112). We therefore modify the judgment by providing that the sentences shall run concurrently.

All concur, Callahan, J., not participating.


Summaries of

People v. Beckwith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 798 (N.Y. App. Div. 2000)
Case details for

People v. Beckwith

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRIAN BECKWITH…

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

Date published: Mar 29, 2000

Citations

270 A.D.2d 798 (N.Y. App. Div. 2000)
705 N.Y.S.2d 315

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