From Casetext: Smarter Legal Research

People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 2000
268 A.D.2d 249 (N.Y. App. Div. 2000)

Opinion

January 11, 2000

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March 29, 1995, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and attempted robbery in the first degree, and sentencing him to consecutive terms of 8 to 24 years and 4 to 12 years, respectively, unanimously affirmed.

Richard Nahas, for respondent.

Susan Epstein, for defendant-appellant.

WILLIAMS, J.P., MAZZARELLI, WALLACH, ANDRIAS, FRIEDMAN, JJ.


The court properly imposed consecutive sentences. Defendant committed the attempted robbery by brandishing a shotgun and demanding money. Then, in a separate act, unnecessary to the commission of attempted robbery, defendant killed the victim with the shotgun, thus making the attempted robbery a wholly separate crime from the manslaughter (see, People v. Lee, 92 N.Y.2d 987;People v. tanner, 30 N.Y.2d 102, 108). We perceive no abuse of sentencing discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 2000
268 A.D.2d 249 (N.Y. App. Div. 2000)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK LEWIS…

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

Date published: Jan 11, 2000

Citations

268 A.D.2d 249 (N.Y. App. Div. 2000)
701 N.Y.S.2d 43

Citing Cases

People v. Marte

the circumstances of the complainant's photographic identification of defendant were not unnecessarily…

People v. Lopez

As the People concede, the sentence for robbery in the first degree based on Penal Law § 160.15 (1) (causes…