Opinion
05-17-2016
The PEOPLE of the State of New York, Respondent, v. Aaron ENNIS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Roger S. Hayes, J.), rendered October 4, 2013, resentencing defendant to an aggregate term of 19 ½ to 39 years, unanimously affirmed.
Following defendant's successful CPL 440.20 motion to set aside his original sentence on grounds not at issue on appeal, the resentencing court imposed a lawful combination of concurrent and consecutive sentences. The court properly imposed consecutive sentences for separate and distinct acts committed against different victims at different times, notwithstanding that the court ordered all of these consecutive sentences to run concurrently with defendant's sentence on his conviction of conspiracy in the second degree, as was required by law given that the nonconspiracy crimes were among the overt acts supporting the conspiracy conviction (see People v. Parks, 95 N.Y.2d 811, 814, 712 N.Y.S.2d 429, 734 N.E.2d 741 [2000] ). However, defendant's assertion that the sentences for the nonconspiracy convictions are effectively consecutive to the conspiracy sentence is without merit. “[S]entences may run consecutively to each other even though each of those sentences is required to run concurrently with the same third sentence” (People v. Rodriguez, 112 A.D.3d 488, 489, 976 N.Y.S.2d 96 [1st Dept.2013] affd. 25 N.Y.3d 238, 10 N.Y.S.3d 495, 32 N.E.3d 930 [2015] ).
We perceive no basis for reducing the sentence.
MAZZARELLI, J.P., FRIEDMAN, ANDRIAS, MOSKOWITZ, KAHN, JJ., concur.