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People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 460 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the sentence is modified, on the law, by reducing the term of imprisonment for criminal possession of stolen property in the fourth degree from one and one-half to four and one-half years to one and one-third to four years; as so modified, the sentence is affirmed.

The defendant was expressly warned by the court that if, without permission, he left a drug rehabilitation program into which he had been placed, then the court would impose a sentence of four consecutive terms of two and one-third to seven years. When he later absconded from the program in violation of the court's condition, an enhanced sentence was imposed. The defendant cannot be heard to complain that consecutive terms of imprisonment were excessive (see, People v McNiell, 164 A.D.2d 951; People v Moore, 155 A.D.2d 696). Not only was the sentence imposed less than that which was promised, but we do not find any extraordinary circumstances which would warrant our disturbing the sentencing court's discretion. We modify the sentence solely to reduce the term of imprisonment imposed for criminal possession of stolen property in the fourth degree from one and one-half to four and one-half years to one and one-third to four years (see, Penal Law § 70.00 [e]). As the People concede, that portion of the sentence is illegal. Mangano, P.J., Bracken, Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 460 (N.Y. App. Div. 1991)
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY LEE, Appellant

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 460 (N.Y. App. Div. 1991)
565 N.Y.S.2d 549