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People v. Lorino

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 160 (N.Y. App. Div. 1995)

Opinion

June 22, 1995

Appeal from the Supreme Court, New York County, Joan Carey, J., Franklin Weissberg, J.


The People concede, and we agree, that defendant was improperly adjudicated a second felony offender, because sentence upon his predicate felony was not imposed until after the commission of the instant crimes (Penal Law § 70.06 [b] [ii]). As defendant concedes, there is no reason to disturb the sentence, since defendant was also lawfully sentenced pursuant to Penal Law § 70.02 (4) for these class B armed felony offenses.

Concur — Ellerin, J.P., Wallach, Nardelli, Tom and Mazzarelli, JJ.


Summaries of

People v. Lorino

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 160 (N.Y. App. Div. 1995)
Case details for

People v. Lorino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE LORINO…

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

Date published: Jun 22, 1995

Citations

216 A.D.2d 160 (N.Y. App. Div. 1995)
628 N.Y.S.2d 1009