From Casetext: Smarter Legal Research

People v. Cargill

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 575 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the judgment is modified, on the law, by deleting the provision that the terms of imprisonment for robbery in the first degree and criminal possession of a weapon in the second degree shall run consecutively and substituting therefor a provision that these terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.

The defendant's convictions of robbery in the first degree and criminal possession of a weapon in the second degree were based on the same act. Accordingly, the imposition of consecutive terms of imprisonment was prohibited, and the sentence is modified to make the terms run concurrently (see, Penal Law § 70.25).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.


Summaries of

People v. Cargill

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 575 (N.Y. App. Div. 1995)
Case details for

People v. Cargill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN CARGILL…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 575 (N.Y. App. Div. 1995)
628 N.Y.S.2d 572

Citing Cases

People v. Cargill

March 7, 2005. Application by the appellant for a writ of error coram nobis to vacate, on the ground of…

People v. Cargill

December 26, 2007. Application by the appellant for a writ of error coram nobis to vacate, on the ground of…